Date
23 December 2015

Tag

Active

Country
Germany Germany
Geographical scope
Regional
Type
  • Type

    Regulation of passenger transport

    Legal
View Court ruling

Description

On 23 December 2016, the Regional Court of Hamburg (Landgericht Hamburg) delivered a significant ruling in a case involving the German Taxi and Rental Car Association (BZP) and the taxi-hailing app MyTaxi, now known as FREE NOW, which was owned by Daimler/BMW at the time. The BZP aimed to halt MyTaxi's promotional activities that offered customers substantial discounts when booking and paying through the app, arguing that these promotions breached the fixed-price mandate under the German Passenger Transport Act (PBefG) and resulted in unfair competition.

The court dismissed the BZP's claims, permitting MyTaxi's discount promotions. The court's justification was that MyTaxi's actions did not contravene the PBefG's fixed-price rules because the full regulated fare was paid to the taxi companies providing the rides. MyTaxi absorbed the discount cost as a marketing expense, thereby ensuring the taxi operators received the correct fare, aligning with the fixed-price requirement of the PBefG.

Previously, a Stuttgart taxi association had filed a temporary injunction against MyTaxi's discount and the Regional Court of Stuttgart had ruled on 16 May 2015 (ref. 44 O 23/15) that the discount/refund campaign was anti-competitive. MyTaxi's subsequent appeal to the district court of Hamburg ruled in favour of MyTaxi.

Ruling of 23.12.2016, Az.: 315 O 423/15


Additional metadata

Keywords
sector aspects, competition, lobbying
Actors
Platform, Other, Court
Sector
Transportation and storage
Platforms
Mytaxi

Sources

Citation

Eurofound (2015), Court ruling in Hamburg: MyTaxi discounts not anti-competitive (Court ruling), Record number 3737, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/court-ruling-in-hamburg-mytaxi-discounts-not-anticompetitive-97108.