{"id":135025,"date":"2024-09-30T21:24:51","date_gmt":"2024-09-30T11:24:51","guid":{"rendered":"https:\/\/www.railfreight.com\/?p=56639"},"modified":"2024-09-30T21:24:51","modified_gmt":"2024-09-30T11:24:51","slug":"deutsche-bahn-db-schenker-sale-to-cvc-would-have-been-illegal","status":"publish","type":"post","link":"https:\/\/www.vibewire.com.au\/?p=135025","title":{"rendered":"Deutsche Bahn: \u2018DB Schenker sale to CVC would have been illegal\u2019"},"content":{"rendered":"<p><strong>Deutsche Bahn (DB) is legally obliged to sell DB Schenker to DSV. A decision in favour of contender CVC would have constituted illegal aid, DB says. CVC\u2019s protest against the DSV win in the DB Schenker race is supposedly based on a faulty analysis of the submitted offers.<\/strong><br \/>\n<span id=\"more-56639\"><\/span>&#8220;Like any responsible owner, DB is selling its logistics subsidiary DB Schenker at the end of a clearly structured sales process to the party that made the highest and most attractive bid, and that was DSV. We are also obliged to do so, otherwise this would constitute illegal aid\u201d, DB says in a statement.<\/p>\n<p>DSV submitted the best offer for DB Schenker, putting it ahead of equity firm CVC, according to DB. After the initial deadline, DSV even raised the stakes, but that had no impact on the sale decision.<\/p>\n<aside class=\"readmore\">\n<div class=\"readmore-item\"><a href=\"https:\/\/www.railfreight.com\/business\/2024\/09\/13\/dsv-officially-wins-db-schenker-race-143-billion-euros\/\"><img decoding=\"async\" src=\"https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/09\/ANP-508299760-128x128.jpg\" alt=\"\" class=\"readmore-thumbnail\" \/><\/a><\/p>\n<div class=\"readmore-info\"><a href=\"https:\/\/www.railfreight.com\/business\/2024\/09\/13\/dsv-officially-wins-db-schenker-race-143-billion-euros\/\" class=\"readmore-title\">DSV officially wins DB Schenker race: 14,3 billion euros<\/a><\/div>\n<\/div>\n<\/aside>\n<h2>Legal obligation<\/h2>\n<p>DB says that it is obliged to sell Schenker to the highest bidder. \u201cDB conducted a tendering process that was non-discriminatory for all participants in accordance with EU law. The evaluation of the binding offers resulted in a clear ranking. This is why DB was only allowed to sell its logistics subsidiary DB Schenker to DSV. A sale to CVC, on the other hand, would have been illegal on the basis of the submitted offer.\u201d<\/p>\n<p>The German rail operator also dismisses allegations of favouring DSV during the sale process. \u201cIn no way and at no time was the unsuccessful bidder CVC disadvantaged. After evaluation, CVC&#8217;s offer of August 22, 2024 was far behind DSV&#8217;s offer in terms of both price and contractual risk distribution. This also applies to the re-participation option additionally offered by CVC\u201d, DB explains. It says that CVC\u2019s offers, including later amended ones, were \u201calways inferior to the successful offer from DSV.\u201d<\/p>\n<h2>CVC protest<\/h2>\n<p>CVC <a href=\"https:\/\/www.railfreight.com\/business\/2024\/09\/18\/cvc-contests-db-schenker-sale-to-dsv-and-raises-the-stakes\/\"  rel=\"noopener\">protested<\/a> the decision to sell Schenker to DSV, maintaining that its offer was better than DSV\u2019s. However, DB <a href=\"https:\/\/www.deutschebahn.com\/de\/konzern\/Aktuelles\/Aktuelle-Statements-12829716\"  rel=\"noopener\">says<\/a> that CVC\u2019s analysis of the bids is faulty: \u201cDB has submitted the report submitted by the unsuccessful bidder CVC on the afternoon of September 26, 2024 to its legal advisors for review. After a first review, it is already obvious that the report incorrectly mixes EU state aid and procurement law requirements with economic facts and thus comes to incorrect conclusions.\u201d<\/p>\n<aside class=\"readmore\">\n<div class=\"readmore-item\"><a href=\"https:\/\/www.railfreight.com\/business\/2024\/09\/18\/cvc-contests-db-schenker-sale-to-dsv-and-raises-the-stakes\/\"><img decoding=\"async\" src=\"https:\/\/www.railfreight.com\/wp-content\/uploads\/2024\/09\/ANP-508298796-128x128.jpg\" alt=\"\" class=\"readmore-thumbnail\" \/><\/a><\/p>\n<div class=\"readmore-info\"><a href=\"https:\/\/www.railfreight.com\/business\/2024\/09\/18\/cvc-contests-db-schenker-sale-to-dsv-and-raises-the-stakes\/\" class=\"readmore-title\">DB stands firm on decision to sell Schenker to DSV<\/a><\/div>\n<\/div>\n<\/aside>\n","protected":false},"excerpt":{"rendered":"<p>Deutsche Bahn (DB) is legally obliged to sell DB Schenker to DSV. A decision in favour of contender CVC would have constituted illegal aid, DB\u2026<\/p>\n","protected":false},"author":13,"featured_media":1,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"categories":[72,13266,100,975,101,5918,47],"tags":[12634],"class_list":["post-135025","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-business","category-cvc","category-db","category-db-schenker","category-deutsche-bahn","category-dsv","category-rail-news","tag-railfreight"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/posts\/135025","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/users\/13"}],"replies":[{"embeddable":true,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=135025"}],"version-history":[{"count":1,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/posts\/135025\/revisions"}],"predecessor-version":[{"id":135026,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/wp\/v2\/posts\/135025\/revisions\/135026"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=\/"}],"wp:attachment":[{"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=135025"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=135025"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.vibewire.com.au\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=135025"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}