In this paper we draw on the results from a survey of train operating companies to demonstrate potential and actual discriminative behaviour of a vertically integrated railway network supplier in Germany against new entrants on the downstream-market. The results point out that discrimination is a concern, especially relating to slot allocation, emergency services and access to other essential facilities. Though, it must be mentioned that the results are rather based on subjective opinions than on objective values. Nevertheless, the results raise the question if the existing regulatory system is adequate to control possible discriminative behaviour.
