This presentation by Bart Noé (Authority for Consumers and Markets of Netherlands) was made during the discussion “Competition and Regulation in the Provision of Local Transportation Services” held for competition authorities officials on 20 June 2022. More materials on the topic can be found at http://oe.cd/crplts. This presentation was uploaded with the author’s consent.

1. OECD WP 2 Competition and Regulation in the Provision of Local
Transportation Services
Bart Noé
June 20 2022
Market study to MaaS
in the Netherlands

2. 2
Competition:
• Cartels (ex post)
• Merger review (ex ante)
• Abuse of dominance (ex post)
Consumer protection:
• Protecting and empowering consumers
Regulation of specific industries:
• Energy, Telecommunication, Postal services, Healthcare
• Transport: Railways, Airports, Harbour pilots, Harbour service
facilities, Public transport
ACM: a combined, multisector authority
Market study to MaaS in the Netherlands

3. Context: Railway market in the Netherlands
• Main railway network is operated by
Dutch Railways (NS), awarded
directly by the Dutch state
• 94% passenger kilometers by train
• A few regional railway lines are
awarded through a public tender
• 6% passenger kilometers by train
• Some railway lines are part of the
main railway network and a regional
railway line (‘concurrence’)
• Open access market share negligable

4. Context: public service contracts
• Regional railway line can be part of a
multimodal public service contract
• Provinces responsible for tenders
public service contracts
• In the three major cities, the contract
is awarded directly
• Amsterdam
• Rotterdam
• Den Haag (The Hague)

5. 5
• MaaS is a service by which a passenger can plan, book and pay a full
journey with different modalities (based on personal preferences and
real-time information)
• Ministry of Infrastructure & Water Management is involved as an
active intermediary in organizing and giving subsidies to MaaS pilots
• Public transport companies start to get involved
New development: MaaS
Market study to MaaS in the Netherlands

6. 6
• Why MaaS?
• Regulatory competences in railways and public transport
• Digital economy is on of the ACM Agenda topics for 2020-2021
• Signals from the market
• Why a market study?
• Conducting market studies is a competence ACM has by law
• Often being used as an informal instrument
• Build knowledge
• Identify potential problems
• Opportunity to become more visible to relevant stakeholders
• Guidance in the upcoming market
Why a market study on MaaS?
Market study to MaaS in the Netherlands

7. 7
Phase I (Q4 2019 – Q2 2020) : Literature Study
• Broad exploration conditions of MaaS
Phase II (Q3 2020 – Q1 2021): Interviews & Questionnaires
• Focus on access to public transport services (i.e. ability to sell transport services to
consumers through MaaS application)
• Largest bottleneck for the development of MaaS
• Public transport as backbone of MaaS, also due to policy objectives
• Public transport options are limited due to public service contracts
• Gathered information from a diverse group of market parties
• Public transport companies
• Potential MaaS-providers
• Mobility (card) providers in the business market
• Travel planners
• Consumer organisations
Design of study
Market study to MaaS in the Netherlands

8. 8
• Advice 2018: risk that public transport companies limit the access to public
transport services for MaaS providers
• Since 2018 many changes in positive way
• Access to public transport services has improved
• MaaS-friendly requirements in public transport tenders
• Remedies in joint ventures
• Dutch Railways & PON
• RiVier: Dutch Railways, RET (Rotterdam), HTM (The Hague), GVB (Amsterdam)
• Bottlenecks still exists
• Limited access transport services (e.g. only hour or daycards)
• No compensation for resale
• Uncertainty (contracts are named ‘pilots’)
• No central point for purchase
Analysis ACM
Market study to MaaS in the Netherlands

9. 9
• In this context, regulation is not opportune now
• Parties take initiative to solve problems themselves
• MaaS-friendly requirements in the public service contracts are an important step
• Recommendations
• Uniform implementation in all public service contracts
• Further elaboration on requirements what services a public transport company has
to offer (avoid patchwork)
• Organize supervision on compliance with requirements in practice (e.g. dispute
settlement)
Conclusion:
Market study to MaaS in the Netherlands

10. 10
• Market studies important tool for regulators
• Public transport (including railway) plays an important role in MaaS
• MaaS providers must be able to offer transport services to consumers
• Regulation not opportune if market parties take initiative to address
these problems adequatly
• Some bottlenecks remain, but developments are ongoing
Key take-aways
Market study to MaaS in the Netherlands

11. 11
Thank you for your
attention!
Market study to MaaS in the Netherlands