European Commission – Competition Concerns Over The Netherlands’ Rail Capacity Allocation Rules

The European Commission (“Commission”) has raised competition concerns regarding the capacity allocation rules applicable to the Dutch main railway network. The concerns relate to the opening of the Dutch domestic rail passenger market to competition in 2025, which allowed railway operators to provide services on the main lines of the Dutch railway network in competition with Nederlandse Spoorwegen (“NS”), the incumbent operator.

NS is the largest passenger transport operator in the Netherlands and is wholly owned by the Dutch State. Its subsidiary, NS Reizigers, provides public transport services on the main Dutch railway lines under a concession agreement covering the 2025-2033 period.

The capacity allocation rules were adopted before the Dutch domestic rail passenger market was opened to competition and have been in force since 2024. Under these rules, NS is granted priority where the capacity of the Dutch railway network is not sufficient to meet all train path requests. The