Comply with Antitrust Law and avoid serious violations
DB Group's cooperation with its business partners is based on the standards and expectations of DB's Code of Conduct for Business Partners. Compliance with antitrust rules has thereby an outstanding weight.
We expect that our suppliers comply with antitrust law, e.g. abstain from anti-competitive agreements on prices or territories and do not engage in bid-rigging.
Even small and medium-sized enterprises can very effectively prevent cartels and the substantial risks they bear at reasonable costs.
On the German site you will find documents available for download issued by the Deutsches Insititut für Compliance e.V. (DICO; German Institute for Compliance) and the Bundesverband für Materialwirtschaft, Einkauf und Logistik e.V. (BME; Association Supply Chain Management, Procurement and Logistics). They provide you with an overview of the key requirements for effective antitrust compliance:
- DICO Guideline: Antitrust Compliance - Cornerstones of effective compliance programs (excerpt only, in German)
- Example for an antitrust code of conduct ("Dos & Don'ts"; in German)
On 1 January 2014, DB introduced "Supplemental Contractual Terms of Deutsche Bahn AG and its affiliates for cartel prevention". Since then, these terms form part of contracts with suppliers operating on procurement markets prone to cartels. To comply with these supplemental contractual terms suppliers have to show that they either have an adequate antitrust compliance programme in place or are introducing a programme, including (i) antitrust compliance guidelines, (ii) regular antitrust live trainings for the management and employees who have competitor contacts and (iii) a qualified internal or external contact person for antitrust related questions. Deutsche Bahn AG's motivation to introduce said supplemental contractual terms is twofold: On the one hand, minimizing the risk of falling prey to cartels on procurement markets and, on the other hand,supporting its suppliers in establishing or maintaining an antitrust compliance programme. To identify markets prone to cartels, Deutsche Bahn AG applies state of the art economic screening mechanisms.
Further information on possible live training events as referenced in Sect. 4.b of the SCC Cartel Prevention can be found here (German only).