The Italian Competition Authority opens an investigation against postal incumbent in order to assess if it had applied the VAT exemption regime on universal services in breach of Art. 102 (VAT regime on postal services)

On 6 March 2012 the Italian Competition Authority ('ICA' or 'the Authority') opened formal proceedings against Poste Italiane S.p.A. ('Poste' - the Italian incumbent operator in the postal sector) - for an alleged abuse of its dominant position under Article 102 of the Treaty on the Functioning of the European Union ('TFEU') in the market for the provision of postal services within the scope of the universal service obligation ('USO'). More specifically the ICA investigation aims at establishing if, by applying the same VAT exemption regime to any postal services falling within the USO irrespective of whether they are 'individually negotiated' with clients, Poste acted in breach of Council Directive 2006/112/CE as interpreted by the European Court of Justice ('ECJ') in the TNT Post

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  • Bonelli Erede Pappalardo (Rome)

Quotation

Sara Lembo, The Italian Competition Authority opens an investigation against postal incumbent in order to assess if it had applied the VAT exemption regime on universal services in breach of Art. 102 (VAT regime on postal services), 6 March 2012, e-Competitions Bulletin March 2012, Art. N° 49700

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