Policy Brief | Edition 14 | 9 Oktober 2025

The Monopolies Commission is pleased to present its 14th Policy Brief, which focuses on the reform of EU competition law procedures (Regulation 1/2003) and the merger control guidelines.

In this brief, the Monopolies Commission recommends targeted adjustments to EU competition law, particularly concerning cartel and abuse proceedings as well as merger control. Key recommendations include:

• The European Commission's proceedings for infringements of competition law should be shortened and remedies made more effective. Moreover, Member States should retain the ability to apply stricter national rules on abuses of dominance.
• The European Commission should make greater use of dynamic theories of harm and expand its merger guidelines to include an analytical framework for assessing digital ecosystems. 

The Policy Brief is now available for download: Policy Brief on EU Competition Law 

Bonn, 15 July 2025

Press Statement of Tomaso Duso on the European Commission's envisaged Digital Networks Act

„The envisaged Digital Networks Act presents an important opportunity to modernise Europe’s digital infrastructure and regulatory framework – but not at the expense of effective competition.

A pro-competitive, market-driven telecoms sector remains the best way to promote investment, innovation, and consumer welfare. Calls for market consolidation within national markets and mandatory payments from content providers to telecoms operators lack justification and risk distorting well-functioning internet interconnection markets.

We urge the European Commission to preserve the principles of the existing competition-oriented model. Regulatory reform must be based on empirical evidence, remain proportionate, and respect the differences across national markets.

Europe should focus on completing the digital single market with competition as guiding principle. Our recommendations aim to support a future-proof regulatory framework that delivers better outcomes for consumers and businesses alike.“

Tomaso Duso
Chairman of the Monopolies Commission

Full Statement of the German Monopolies Commission on the Digital Networks Act

Bonn, 13 June 2025

Press Release

Monopolies Commission Warns: Special Rail Fund Must Be Used for a Real New Start

In its 10th Sector Report Railways published today, the Monopolies Commission warns against squandering a historic opportunity: The planned special infrastructure fund to modernise the German rail network must not be allowed to become bogged down in old structures, but must be used as a lever for a genuine new start.

‘Money alone is not enough. We must now seize the opportunity to implement a real change of course at the railways,’ says Prof Tomaso Duso, Chairman of the Monopolies Commission. ‘Fundamental, structural changes are needed to ensure that the special fund reaches the rail network in a cost-efficient manner and do not fizzle out in non-transparent financial flows.’

The Monopolies Commission therefore recommends:

• Earmarked funds for modernisation and digitalisation: The federal government should use the special fund for the railways exclusively for future-oriented measures. In addition to modernising the rail network, it should particularly promote the digitalisation of processes and infrastructure. This is because greater efficiency in processes will reduce track access charges for all railway companies and thus ticket prices for customers.
• Transparency and expert control: A control and monitoring centre, with the participation of experts from the sector, should control the flow of funds. It will check whether the funds are being used cost-effectively and whether clearly defined federal objectives are being achieved. This ensures that the investments create the greatest possible benefit for the common good.
• Structural unbundling: The Monopolies Commission welcomes the fact that the new federal government wants to further unbundle DB InfraGO AG and reorganise the Supervisory Board and Management Board, but above all provide them with more specialist expertise. In the long term, the recommendation remains to completely separate the ownership of the railway network and operations. Until then, the minimum requirement is that all responsibilities relating to the railway infrastructure are transferred to DB InfraGO AG. In addition, the contracts between DB AG and DB InfraGO AG, which regulate the transfer of profits and control, should be terminated.

According to the Monopolies Commission, there is a risk that public funds will not reach the rail network as intended, but will indirectly benefit other areas of the DB Group through cross-subsidisation. The financial flows between DB AG and its subsidiary InfraGO AG are considered to lack transparency. The DB Group's dual role is problematic: on the one hand, it operates the rail network via DB InfraGO AG and, on the other, it uses the rail network for its own transport companies. This structure makes fair competitive conditions more difficult.

In addition to this structural disadvantage, there is another competitive disadvantage for other providers: the rapidly rising track access charges. Prior to the decision on the special infrastructure fund, the German government had channelled additional funds to DB InfraGO AG via an increase in equity in order to push ahead with the renovation of the rail network. The underlying issue was that the debt brake barred the financing of investments through construction subsidies. However, this step and the high interest rates on the equity capital have caused track access charges to skyrocket by up to around 30 per cent in the last five years, depending on the segment. In addition, it is not yet clear how high the charges will be in 2026. This makes it even more difficult for rail competitors to survive in the market.

The Monopolies Commission therefore recommends a temporary reduction in the return on equity at DB InfraGO AG in order to slow down track access charges. In addition, the federal government should tighten incentives in order to achieve higher quality and punctuality through the railway infrastructure.

‘Only if the special fund and the reduction in track access charges are designed in a competition-oriented way for the railways will passengers and freight transport benefit from lower prices, more innovation and better quality,’ emphasises Prof. Tomaso Duso.

The following documents are now available for download:

Press release (in English)

Sector Report in full text (in German language only)