Postal services

Anticompetitive practices

The Dutch Competition Authority dismisses alleged predatory pricing, tying and bundling, discriminatory pricing and foreclosure through exclusive and/or multi-year contracts in the postal market (Sandd/TNT)
ASML
I. Introduction On 15 December 2009 the Dutch Competition Authority (NMa) dismissed a complaint from Dutch postal delivery service Sandd against competitor TNT and certain subsidiaries. Sandd claimed that TNT had violated article 102 TFEU and the equivalent national provision. It argued that (...)

The EU Court of Justice rules on issues concerning retroactive rebates and the procedures through which these rebates can be characterized as abusive (Post Danmark II)
Herbert Smith Freehills (Madrid)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (Paris)
Introduction On 6 October 2015, the European Court of Justice (the Court) issued its preliminary ruling in Post Danmark A/S v Konkurrencerådet (Competition Council), which concerns the antitrust treatment of a retroactive rebate scheme in the market for the distribution of bulk mail. The case (...)

The Danish Competition and Consumer Authority publishes a report on parcel deliveries to consumers
European Commission (Brussels)
Denmark: Expensive to send small Consignments in Denmark* The Danish Competition and Consumer Authority (DCCA) published a report on parcel deliveries to consumers on 27 September 2013. Several providers offer competing services in the Danish market and competition has intensified in recent (...)

The Danish Competition Council holds that customer sharing redistribution of unadressed mail infringe section 6 of the Danish Competition Act and Art. 101 TFEU (Mediabroker, Carat Danmark, Initiative Universal Media and MediaPrint, Danmark)
European Commission (Brussels)
Denmark: Parallel Customer sharing Agreements in Redistribution of Unadressed Mail between Mediacenter Danmark, and Mediabroker, Carat, IUM, and OMD* On 25 May 2011, the Danish Competition Council (DCC) issued a decision concerning four horizontal and separate, yet parallel, customer sharing (...)

The Croatian Competition Authority grants an individual exemption in relation to non-compete obligation contained in a settlement agreement (Intereuropa sajam međunarodno otpremništvo / UPS Worldwide Forwarding)
University of Technology (Tallinn)
On 16 December 2010 the Croatian Competition Authority (AZTN) granted an individual exemption in relation to a non-compete obligation contained in a settlement agreement between international courier services providers Intereuropa sajam međunarodno otpremništvo d.o.o.(Intereuropa) and UPS (...)

The Spanish Competition Commission holds that the incumbent postal operator no longer discriminates part of its journal editor clients (Prensa / Correos)
Miguel Torres S.A.
Last March, the new Spanish competition authority, the National Competition Commission (CNC, hereafter), published a decision clearing that the Spanish state-owned postal operator (Correos) had proven the cease of its discriminatory prices for which it had been fined in June 2005 by the former (...)

The Italian Competition Authority closes the investigation for abuse of dominance in the Italian postal sector following commitments (Poste Italiane)
DiaSorin
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Freshfields Bruckhaus Deringer
On 27 February 2008, the Italian Antitrust Authority (IAA) conclusively accepted the commitments proposed by Poste Italiane (PI), the former monopolist of postal services in Italy) in relation to the investigation opened in August 2007 for the alleged breach of article 82 of the EC Treaty. The (...)

The Spanish National Competition Commission rules that neither inter- nor intra-brand competition is affected by restrictive practices in the postal sector (Logimail / Unipost)
Chilean Competition Tribunal (Santiago)
On April 29th, 2005, Logimail filed a complaint against Unipost. Logimail is a postal operator that performs pickup services, sorting and even distribution. To complete the distribution, however, it outsources the service to other postal operators. Unipost is one of the main postal-services (...)

The EU Commission extends for 5 years the REIMS II exemption enhancing competition in the cross-border mail market through third party access
Telecom Italia
"The REIMS II exemption decision: enhancing competition in the cross-border mail market through third party access"* 1. Introduction On 23 October 2003, the European Commission adopted a decision in case COMP/C1/38170 REIMS II prolongingfor an additional five years the exemption of the REIMS (...)

Dominance

The Higher Regional Court of Düsseldorf rejects an appeal lodged by the German incumbent postal services operator, against a decision of the Federal Cartel Office in an abuse of dominance case (Deutsche Post)
Van Bael & Bellis (Brussels)
In a recently published decision of 6 April 2016, the Higher Regional Court of Düsseldorf (“Court”) rejected an appeal lodged by Deutsche Post AG (“DPAG”), Germany’s incumbent postal services operator, against a decision of the German Federal Cartel Office (“FCO”). By decision of 2 July 2015, the FCO (...)

The EU Court of Justice rules on issues concerning retroactive rebates and the procedures through which these rebates can be characterized as abusive (Post Danmark II)
Altius (Brussels)
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Linklaters (Brussels)
I. The Parties Post Danmark S/A is a Danish undertaking that provides postal services in Denmark. The undertaking provides postal services and applies uniform tariffs throughout Danish national territory. At the time of the main proceedings, in 2007 and 2008, Post Danmark was controlled by the (...)

The EU Court of Justice rules on whether a retroactive loyalty rebates scheme is liable to have an exclusionary effect (Post Danmark II)
Quinn Emanuel Urquhart & Sullivan (Brussels)
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Quinn Emanuel Urquhart & Sullivan (Brussels)
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Quinn Emanuel Urquhart & Sullivan (Brussels)
The EU Court of Justice has handed down its much-awaited preliminary ruling in Post Danmark II . This ruling marks an ‘evolution’ rather than a ‘revolution’ in the assessment of rebates under Article 102 TFEU. While regrettably unclear in certain passages, some aspects of the Court of Justice’s (...)

The EU Court of Justice rules on retroactive loyalty rebates (Post Danmark II)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
On October 6, 2015, the European Court of Justice (the ECJ) issued an important judgment clarifying the application of Article 102 to retroactive loyalty rebates (Post Danmark AS, Case C 23/14). The case, which had been referred to the ECJ by the Danish Commercial Court, concerned rebates for (...)

The EU Court of Justice confirms “safe harbour” for volume rebates but creates new challenges (Post Danmark II)
Gibson Dunn (Brussels)
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Gibson Dunn (Brussels)
Rethinking Rebates Policy Under EU Competition Law* On 6 October 2015, the European Court of Justice (ECJ) ruled in a case concerning rebates and when they fall foul of EU competition law. Background The case concerns Post Danmark and, unlike appeals against European Commission Decisions, (...)

ECJ Advocate General Kokott deals another blow to economic assessment of rebates (Post Danmark II)
Baker McKenzie (Brussels)
Advocate general deals another blow to economic assessment of rebates* It is never a good sign when an advocate general’s opinion warns the European Court of Justice (ECJ) not to be swayed by “ephemeral trends” or the “Zeitgeist” of economic analysis, but instead to stick to the “legal foundations (...)

The CJEU allows a specific discount strategy with exclusionary effect under EU postal liberalisation rules (Bpost)
European Procurement Law Group
Marketing and the perfect crime? CJEU engages in a strange discussion of operational vs commercial discounts and issues ruling against mail consolidators (C-340/13, bpost)* In its Judgment in bpost, C-340/13, EU:C:2015:77, the CJEU has ruled that a discount system that offers reduced postal (...)

The Irish Competition Authority publishes an enforcement decision concerning state postal services provider (An post)
European Commission (Brussels)
Competition Authority Publishes Enforcement Decision concerning State Postal Services Provider* On 30 October 2014, the Competition Authority (Authority) published an Enforcement Decision following an investigation into how An Post - the State postal service provider - applied its Zonal (...)

The Australian Competition and Consumer Commission issues its ninth report assessing cross-subsidy between the services provided by domestic postal service provider (Australia Post)
Australian Competition and Consumer Commission
ACCC report finds no cross-subsidy in Australia Post* The Australian Competition and Consumer Commission has issued its ninth report assessing cross-subsidy between the services provided by Australia Post. The ACCC uses information provided by Australia Post in accordance with ACCC (...)

The Spanish Competition Authority fines a postal service provider in margin squeeze case (Correos)
European Commission (Brussels)
Spain: The Comisión Nacional de los Mercados y la Competencia fines Correos in Margin Squeeze Case* On 21 January 2014, the Comisión Nacional de los Mercados y la Competencia (CNMC) imposed a fine of € 8 170 000 on the postal service provider Sociedad Estatal Correos y Telégrafos S.A. (Correos) (...)

The German Competition Authority ceases the investigation concerning an alleged abuse of dominance in the market for alternative postal services (Compador Technologies / DPAG)
German Competition Authority (Bonn)
Bundeskartellamt abandons abuse of dominance proceedings against Compador Technologies GmbH* Bonn, 23 October 2013: The Bundeskartellamt has abandoned its abuse of dominance proceedings against Compador Technologies GmbH, an affiliated company of Deutsche Post AG (DPAG). The proceedings were (...)

The Spanish Competition Authority fines incumbent operator for abuse of dominant position in postal sector (Correos)
European Commission (Brussels)
Spain: The Comisión Nacional de la Competencia fines Correos for Abuse of Dominant Position in Postal Sector* On 22 April 2013, the Comisión Nacional de la Competencia (CNC) Council adopted a decision finding that Sociedad Estatal Correos y Telegrafos, S.A. (Correos) abused its dominant (...)

The Spanish Competition Authority fines postal operator for abuse of dominant position in the wholesale market for access services to the public postal network and the retail services market for administrative notifications (Correos)
CMS Albinana y Suarez de Lezo (Madrid)
The National Competition Commission (“CNC”) has imposed a fine of 3.3 million euros on Correos for having abused its dominant position in: (i) the wholesale market for access services to the public postal network and (ii) the retail services market for administrative notifications. In May 2011 (...)

The Italian Competition Authority finds that the post incumbent breached article 102 TFEU by applying the VAT exemption regime to individually negotiated universal services in breach of Article 102 TFEU (VAT regime on postal services)
Bonelli Erede Pappalardo (Rome)
In its decision adopted on 27 March 2013, the Italian Competition Authority (“ICA” or the “Authority”) found Poste Italiane S.p.A. (“Poste” - the Italian incumbent operator in the postal sector) to have abused its dominant position in certain liberalised postal markets for the provision of universal (...)

The Danish Supreme Court ends a decade-long case concerning the national postal incumbent by delivering the final judgment in the predatory price case (Post Danmark)
Kromann Reumert (Copenhagen)
On 15 February 2013, the Danish Supreme Court ended the decade-long Post Danmark case by delivering the final judgment in the case. This note gives a brief overview of the facts and the procedure of the case and then comments on what we can learn from the Supreme Court judgment in its (...)

The Danish Supreme Court reverses NCA’s decision and finds that the national postal carrier incumbent did not abuse its dominant position by applying different prices to its own customers and certain customers of a competitor (Post Danmark)
Danish Competition and Consumer Authority (Copenhagen)
On 15 February 2013, the Danish Supreme Court reversed a decision by the Danish Competition Council according to which the national postal operator, Post Danmark, had abused a dominant position on the market for unaddressed mail by charging different prices to its own customers compared to the (...)

The Belgian Competition Council imposes on national postal incumbent a fine of more than € 37 M for applying a rebate scheme that infringed EU and national competition laws (Bpost)
European Commission (Brussels)
Belgium: Fine for Abuse of Dominance in Postal Sector* On 10 December 2012, the Competition Council (the Council) imposed on bpost (formerly called La Poste – De Post), the Belgian postal incumbent, a fine of € 37 399 786 for a rebate scheme called “model per sender” which was applied from (...)

The Regional Administrative Tribunal of Lazio annuls the decision of the Italian Competition Authority which had fined national postal incumbent for an abuse of dominant position in the markets for liberalized value-added services (Poste Italiane)
Pirelli
The ICA’s decision On December 15, 2011, the Italian Antitrust Authority (hereinafter “ICA”) fined Poste Italiane S.p.A. (“Poste Italiane”), the incumbent operator in the postal sector in Italy, more than EUR 39 million for abusing its dominant position in the markets for liberalized value-added (...)

The Regional Administrative Tribunal of Lazio annuls the decision of the Competition Authority which had fined the incumbent postal operator for an abuse of dominant position in the markets for liberalized value-added services (Poste Italiane)
Pirelli
The AGCM’s decision On December 15, 2011, the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter "AGCM") fined Poste Italiane S.p.A. ("Poste Italiane"), the incumbent operator in the postal sector in Italy, more than EUR 39 million for abusing its dominant (...)

The Swedish Competition Authority closes investigation on alleged abuse of dominant position by the incumbent postal operator (Posten)
European Commission (Brussels)
Sweden: The Competition Authority closes Investigation of alleged Abuse by Posten* On 3 May 2012, the Swedish Competition Authority (SCA) terminated its investigation of two rebate schemes applied by Posten Meddelande AB (Posten), which holds a dominant position on the Swedish postal market. (...)

The EFTA Court upholds EFTA Surveillance Authority’s decision on an abuse of dominant position in the postal sector (Posten Norge)
European Commission (Brussels)
ESA: The EFTA Court upholds EFTA Surveillance Authority Decision finding Abuse of Dominance by Norway Post* On 18 April 2012, the EFTA Court (the Court) upheld a decision of the EFTA Surveillance Authority (the Authority) of 14 July 2010 finding that Posten Norge AS (Norway Post) abused its (...)

The EFTA Court sanctions for abuse of dominant position a company active in the market for business-to consumer parcel services with over-the-counter delivery addressing the issue of judicial review (Posten Norge)
Jones Day (Paris)
A lesson on judicial review from the other European Court in Luxembourg* Legal change sometimes takes unpredictable paths: mid-April, something important happened for European law in Luxembourg, but this did not come from the European Court of Justice (the “ECJ”). Not every reader of this blog (...)

The EU Court of Justice endorses an effects-based approach on the assessment of low pricing policy under Article 102 TFEU (Post Danmark)
University of Amsterdam
Post Danmark: does the ECJ take the effects based approach further than a mere price/cost-test and does it oblige the national judge to apply that effects based approach ex nunc?* In a grand chamber judgment in case C‑209/10, Post Danmark, the European Court of Justice (ECJ) handed down a (...)

The EU Court of Justice affirms the application of a consumer oriented effects-based approach to exclusionary pricing practices of dominant undertakings and the "as efficient competitor test" as a basis for their assessment: A big step towards the consistent application of an effects-based approach to exclusionary pricing practices of dominant undertakings (Post Danmark)
European Commission - DG COMP (Brussels)
The author is Principal Expert in Antitrust Policy at DG Competition, European Commission. The views expressed in this article are his own and do not necessarily reflect those of DG Competition or the European Commission. The author expresses its thanks Ekaterina Rousseva and Carles Esteva (...)

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)
Bonelli Erede Pappalardo (Rome)
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 Italian Competition Authority fines the national incumbent in the postal services for a violation of Art. 102 TFEU (Poste Italiane)
European Commission (Brussels)
Italy: Poste Italiane abuses Dominant Position* On 14 December 2011, the Italian Competition Authority (ICA) sanctioned the national incumbent in the postal services, Poste Italiane, for a violation of Article 102 TFEU on the Italian bulk mail market, as well as on two Italian newly (...)

The Italian Antitrust Authority fines national postal incumbent for abuse of dominant position (Post/Poste Italiane)
University Luiss Guido Carli - GRIF (Rome)
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University Luiss Guido Carli - GRIF (Rome)
Following the complains of TNT Post Italia S.p.A. (TNT), on 15/10/2009 the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato - AGCM) started a preliminary investigation to assess a potential violation of the article 102 TFUE by Poste Italiane S.p.A (PI). After the (...)

The Italian Competition Authority fines the postal incumbent for foreclosing competitors from the markets for added value postal services (Poste Italiane)
Desogus Law Office (Cagliari)
Introduction The Italian Competition Authority (ICA) imposed a euros 39.377.489,00 fine on Poste Italiane (PI), the Italian incumbent post operator, for breaching Article 102 TFEU. PI abused its dominant position by engaging into a number of exclusionary practices against its competitor, TNT (...)

The Danish Competition Appeals Tribunal partially annuls finding of abuse for loyalty rebates implemented by Danish postal service provider (Post Danmark)
Van Bael & Bellis (Brussels)
On 9 December 2011, the Danish Competition Appeals Tribunal (“CAT”) handed down its judgment repealing a decision of the Danish Competition Council (“CC”) of 22 December 2010, in which the CC had found that the national postal service provider Post Danmark had abused its dominant position in (...)

The Spanish Competition Commission fines the incumbent postal operator for breach of commitments agreement (Correos)
European Commission (Brussels)
Spain: The CNC fines CORREOS for Breach of Commitments Agreement* In its Resolution of 23 August 2011, the National Competition Commission (CNC) Council found that it was established that the Sociedad Estatal Correos y Telégrafos, S.A. (Correos) had breached the Commitments Agreement concluded (...)

The Swedish Market Court prohibits the national postal operator’s rebate system and made its decision subject to the penalty of a fine of SEK 100 million (Posten)
Vinge (Stockholm)
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Cosmetics Europe
Introduction The claimant, Bring CityMail Sweden AB (“CityMail”) brought a claim against the Swedish Post (“Posten”), arguing that the discounts offered by Posten to its clients had foreclosure effects. The Market Court placed the burden of proof on Posten to prove that the discount programme was (...)

The Swedish Market Court finds that national postal operator abused its dominant position in the market for bulk mail deliveries (Bring CityMail Sweden / Posten Meddelande)
Stockholm University
In a ruling of 8 June 2011, the Swedish Market Court prohibits the national postal operator Posten from applying a worksharing discount system on certain bulk mail deliveries. The discount system is found to have foreclosing effects, and its application constitutes an abuse of Posten‘s dominant (...)

ECJ Advocate General Mengozzi issues an opinion on price discrimination and exclusionary abuses of dominance in the bulk mail industry (Post Danmark)
Gatti Pavesi Bianchi
Price discrimination and exclusionary abuses of dominance: A call for effects-based enforcement* It is often said, with good statistical records, that opinions of the Advocate Generals are to a large extent endorsed by the European Court of Justice (“ECJ”). If so, the opinion recently handed (...)

The EU Court of Justice issues a preliminary ruling in a case concerning price squeeze abuses providing clear guidance on this issue (TeliaSonera)
Jones Day (Brussels)
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Jones Day (Brussels)
On 17 February 2011, the European Union Court of Justice ("CJ") issued a preliminary ruling in an ongoing case concerning price squeeze abuses. Questions were referred to the CJ from the Stockholm District Court, which has before it a case between Swedish telecommunications company TeliaSonera (...)

The Danish Competition Council finds that the national incumbent postal carrier has abused its dominant position through loyalty enhancing rebates (Post Danmark)
Danish Competition and Consumer Authority (Copenhagen)
On 22 December 2010, the Danish Competition Council («DCC«) adopted a decision finding that the Danish incumbent postal carrier, Post Danmark A/S («Post Danmark«) had abused its dominant position in the national market for magazine mail by (i) granting individual target rebates to four large (...)

The Danish Competition Council orders leading postal service company to stop providing individual rebates that lead to loyalty-binding as well as market foreclosure on the market for magazine mail (Post Danmark)
Kromann Reumert (Copenhagen)
The Danish Competition Council (DCC) has 22 December 2010 ordered Post Danmark to stop providing individual rebates that lead to loyalty-binding as well as market foreclosure on the market for magazine mail. This is the fourth time that Post Danmark has been under investigation by the Danish (...)

The Romanian Competition Council sanctions the postal incumbent with 26 M € fine for abuse of a dominant position (Romanian Post)
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Romanian Competition Council finds an abuse of dominance on the markets for delivery of addressed marketing materials and standard correspondence delivery (Romanian Post, Mailers Serv, Infopress)
Musat & Asociatii (Bucharest)
On 16 December 2010 the Competition Council issued Decision 52/2011 finding that the Romanian National Post Company (“CNPR”) was guilty of an abuse of dominant position through discriminatory practices towards entities that were economically dependent upon it. I. The facts A number of (...)

The French Competition Authority fines for the first time two companies for breaching their commitments undertaken under the settlement procedure (Neopost)
Norton Rose Fulbright (Paris)
On 30 June 2010, the French Competition Authority handed down its first decision whereby it imposed sanctions on two undertakings for having breached their commitments signed five years earlier, in the framework of the settlement procedure set forth under article L. 464-2 III of the French (...)

The Danish Competition Appeals Tribunal upholds the Danish Competition Council’s decision finding the historical postal operator abused its dominant position by applying loyalty rebate schemes (Post Danmark)
European Commission (Brussels)
Denmark: The Competition Appeals Tribunal upholds the Danish Competition Council’s Decision finding that Post Danmark A/S abused its Dominant Position by applying Loyalty Rebate Schemes On 10 May 2010, the Danish Competition Appeals Tribunal (CAT) issued a ruling upholding the Danish (...)

The Danish Supreme Court refers questions concerning discriminatory pricing to the European Court of Justice (Post Danmark)
European Commission (Brussels)
Denmark: The Supreme Court refers Questions concerning Discriminatory Pricing to the ECJ On 27 April 2010, the Danish Supreme Court referred to the ECJ two questions concerning discriminatory pricing in the Post Danmark case. The questions relate to abuse of dominant position on the market for (...)

The Italian Competition Authority accepts commitments proposed by the historical postal operator (Poste Italiane - Aumento Commissione Bollettini C/C)
European Commission (Brussels)
Italy: The Antitrust Authority (ICA) accepts Commitments by Poste Italiane On 16 December 2009, the Italian Competition Authority accepted binding commitments proposed by Poste Italiane during an investigation into a possible abuse of dominant position in the collection and payment services (...)

The Dutch Competition Authority finds no abuse of dominance in the postal sector (TNT)
De Nederlandsche Bank (DNB)
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Smeets Van Empel advocaten (Amsterdam)
I. Introduction On 15 December 2009 the Dutch Competition Authority (“NMa”) adopted a decision by which it found no signs of abuse of a dominant position by TNT N.V. (“TNT”),an undertaking in the Dutch postal sector. Following a complaint from another undertaking in the postal sector, Sandd (...)

A German court rules on damages claim in the postal sector (Deutsche Post)
Van Bael & Bellis (Brussels)
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Practising Law Institute
In a published judgment of 30 September 2009, the Higher Regional Court of Düsseldorf (“Court”) upheld the decision of the Regional Court of Düsseldorf according to which a consolidator was entitled to obtain damages from Deutsche Post AG (“DPAG”) for lost profits. The consolidator was a competitor (...)

The Danish Competition Council fines the incumbent postal operator for abusive rebates in the market for direct mailing (Post Danmark)
Van Bael & Bellis (Brussels)
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Practising Law Institute
In a decision adopted on 24 June 2009, the Danish Competition Council (DCC) found that the Danish post operator Post Danmark had abused its dominant position on the market for direct mailing (“direct mailing” refers to the sending by the same party of a large batch of letters to a group of (...)

The Competition Authority of Bosnia & Herzegovina rejects the complaint regarding the alleged abuse of dominant position by the incumbent operator of public postal services (MHS/JP BH Posta)
University of Technology (Tallinn)
On 30 December 2008 Competition Authority of Bosnia & Herzegovina (Konkurencijsko vijece BiH) (KV) received a complaint submitted by MHS d.o.o. (MHS) alleging the abuse of dominant position committed by the public operator of postal services JP BH Posta (BHP) . MHS was a private company (...)

A Danish Court awards € 10 M damages for loss suffered as a result of an abuse of a dominant position in the postal sevices sector (Danish Postal Service)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Eastern High Court awards damages in the amount On 20 May 2009, the Danish Eastern High Court awarded damages in the amount of DKK 75 million (EUR 10 million) to a Danish distributor of unaddressed mail for loss suffered as a result of the Danish Postal Service’s abuse of a dominant (...)

The European Commission addresses to the Slovak Republic a decision based on Article 86 in conjunction with Article 82 of the EC Treaty finding that the extension of the postal monopoly in Slovakia is illegal (Slovenská Pošta)
European Commission - DG COMP (Brussels)
"Extension of postal monopolies: the Slovak law reserving hybrid mail delivery services for Slovenská Pošta infringed Article 86 in conjunction with Article 82"* I. Context of the procedure On 7 October 2008, the Commission addressed to the Slovak Republic a decision based on Article 86 in (...)

The Italian Competition Authority closes investigations for abusive conducts committed by the incumbent post operator with a commitments decision (Servizi postali)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA), by a commitments decision upon the basis of Article 14-ter of the Act 287/1990, has closed proceedings against Poste Italiane (PI) for abuse of dominant position. PI, the incumbent postal operator, has been alleged to impose on rivals burdensome (...)

The Danish High Court upholds NCA’s decision, which found that the national postal carrier incumbent had abused its dominant position on the market for unaddressed mail by applying different prices to its own customers and the former customers of a competitor (Post Danmark)
Danish Competition and Consumer Authority (Copenhagen)
On 21 December 2007, the Danish Eastern High Court upheld a decision by the Danish Competition Appeals Tribunal according to which the national postal operator, Post Danmark, had abused a dominant position on the market for unaddressed mail by charging different prices to its own customers (...)

The Japanese courts dismiss a predatory pricing lawsuit brought by Yamato against Japan Post (Yamato Unyu, Nippon Yūsei Kōsha, Yūbin Jigyō)
European Commission - DG COMP (Brussels)
The views expressed in this case summary are those of the author, not those of any organisation. Yamato, Japan’s largest door-to-door delivery service, sought injunctive relief against the low prices of a competitor, Japan Post. In a judgment of 19 January 2006, the Tokyo District Court (...)

The Lithuanian Competition Council reaffirms its earlier findings of abusive pricing by the incumbent in the postal sector (Lietuvos Pa?tas)
Lithuanian Competition Council
On 27 September 2007 the Lithuanian Competition Council reaffirmed its earlier findings in Lietuvos Paštas case by issuing a new decision condemning pricing practices of the state-controlled postal company AB Lietuvos paštas (LP) and imposing a fine of LTL 80,000 (approx. EUR 23,170). The new (...)

The Lithuanian Competition Council confirms its earlier decision that the postal incumbent has abused its dominant position in the reserved postal services market (Lithuanian Post)
Gibson Dunn
On 27 September 2007, the Competition Council delivered its second Decision in the case of abuse of dominance by the Lithuanian postal services provider Lietuvos paštas (the "Lithuanian Post"). As requested by the Supreme Administrative Court in its Judgment of 22 December 2006, the Competition (...)

The Lithuanian Administrative Supreme Court refers a case of alleged abuse of dominance by the incumbent in the postal sector for a review de novo (Lithuanian Post)
Gibson Dunn
On 5 January 2006, the Competition Council established that Lietuvos paštas (the "Lithuanian Post") abused its dominant position in the market of reserved postal services by seeking to strengthen its position and to foreclose its competitors from a closely related market of printing, folding and (...)

The Lithuanian Supreme Administrative Court sends the alleged abuse of dominance by the postal incumbent back to the national competition authority for insufficient market definition (Lietuvos Patas)
Lithuanian Competition Council
On 22 December 2006 the Lithuanian Supreme Administrative Court (LSAC) annulled the judgment of the court of first instance (Vilnius District Administrative Court or VDAC) related to the Article 9 (abuse of dominance) infringement decision of the Competition Council in the Lietuvos Paštas case (...)

The Hungarian Competition Office dismisses the proceedings on abuse of dominant position against the postal sector incumbent but phrases various recommendations on discounts (Hungarian Post)
Oppenheim
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Oppenheim - Budapest
Proceedings, applicable law An abuse of dominant position is prohibited by both Article 82 of the EC Treaty as well as Article 21 of the Hungarian Competition Act (the latter provision contains materially identical rules to its EC counterpart). The HCO stated that in the present case both the (...)

The Italian NCA fines € 1.6 M the incumbent postal operator for exclusionary tariffs based on a national decree on the basis of Art. 10, 82 and 86 EC (Posta Ibrida)
London School of Economics
Poste Italiane SpA (hereinafter, “Poste Italiane”) is the incumbent operator in the postal sector in Italy. It operates in the hybrid mail sub-sector through Postel SpA (hereinafter, “Postel”), a subsidiary it owns 80% of. In 2003, an undertaking active in the hybrid mail sub-sector lodged a (...)

The Austrian Supreme Court upholds the NCA decision ordering the postal incumbent to cease abusive tying via its price offers on the market for day delivery of newspapers and magazines (Österreichische Post)
Reidlinger Schatzmann Rechtsanwälte
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Bpv Hügel (Vienna)
On 10 May 2005, the Austrian Cartel Court ordered Österreichische Post AG (“Post”) to cease to abuse its dominant position on the market for day delivery of newspapers and magazines. The abuse in question was constituted by certain clauses contained in the terms and conditions offered by Post to (...)

The Lithuanian NCA fines the State postal company for discriminatory practices (Lietuvos Patas)
Lithuanian Competition Council
In January 2006 the Lithuanian Competition Council (“CC”) continued its onslaught on the alleged discriminatory practices of the former or still existing state monopolies (as reported earlier, in 2005 the national oil refinery received a record fine of approx. EUR 9.27 for violation of Article 82 (...)

The French Competition Council fines the postal incumbent for abuse of dominant position under both national and EC competition provisions (La Poste)
White & Case (Paris)
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French Competition Authority (Paris)
In a decision dated 17 November 2005 (Decision n° 05-D-63), the French Competition Council sanctioned La Poste, the French postal service, for abusing its dominant position and imposed €1 million fine based on both Article L. 420-2 of the French Commercial Code and Article 82 of the EC Treaty. (...)

The Spanish Competition Authority reaches a settlement agreement with the incumbent in the postal sector bringing to an end a complaint for predatory pricing practices (Correos/ASEMPRE)
London School of Economics
On 21 January 2002, the Asociación Profesional de Empresas de Reparto y Manipulado de Correspondencia (hereinafter, “ASEMPRE”), an association gathering undertakings active in the postal sector, lodged a complaint against the Sociedad Estatal de Correos y Telégrafos (“Correos”), the incumbent in the (...)

The Danish Competition Appeal Tribunal upholds findings by the Danish NCA that the postal incumbent has abused its dominant position in the market for distribution of unaddressed mail on the basis of Art. 82 EC (Post Danmark)
Ofcom
By decisions dated 29 September (the Discrimination Decision) and 24 November 2004 (the Predation Decision) respectively, the Danish Competition Authority held that the incumbent provider of postal services in Denmark, Post Danmark, had engaged in two instances of abuse of its dominant position (...)

The Danish Competition Council approves a new prices scheme for postal services after having decided that the postal incumbent had abused its dominant position through offering discriminatory prices and implementing an illegitimate fidelity rebate scheme (Post Danmark)
Université Catholique de Louvain
On 23 February 2005, the Danish Competition Council approved the newly instituted pricing scheme of Post Danmark in relation to the future prices for distribution of un-addressed items. This new and revised pricing scheme follows a decision of 29 September 2004 by the Danish Competition (...)

A German Court confirms a decision of the Bundeskartellamt and adds an additional milestone in the EC recent decisions concerning consolidators in the postal sector (Deutsche Post)
Background Deutsche Post AG (DPAG) offers rebates on the postage for individual customers sending large bulks of mail. Concerning letters weighing less than 100 grams - for which DPAG still holds a legal monopoly - DPAG refused to grant the same rebates to consolidators. Consolidators collect (...)

The German Federal Cartel Office imposes further liberalisation of the postal market by prohibiting the incumbent to grant rebates for mail preparation services (Deutsche Post)
Freshfields Bruckhaus Deringer (Berlin)
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Freshfields Bruckhaus Deringer (Berlin)
On 11 February 2005, the German Federal Cartel Office (“FCO”) prohibited Deutsche Post AG’s (“DPAG”) practice of granting rebates for mail preparation services for letters below 100gr exclusively to its large direct customers. Mail preparation includes the collection of letters, sorting them by (...)

The German competition authority paves way for pre-postal services and rejects the State action defence raised against the application of Art. 82 EC (Deutsche Post)
White & Case (Miami)
On 11 February 2005, the German Federal Cartel Office (“FCO”) issued a decision in which it condemned the conduct of Deutsche Post AG in refusing access for providers of pre-postal services to certain mail delivery services provided by Deutsche Post and in denying discounts for those particular (...)

The French Competition Authority imposes a reduced fine to the French post office and mail order companies for having implemented anticompetitive discounts in their contracts (La Poste)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Anticompetitive discounts in contracts between the French post office, La Poste, and mail order companies - The Conseil de la concurrence notes the undertakings given by La Poste and reduces the penalties (...)

The European Commission adopts a decision based on Article 86 regarding certain provisions of Germany’s postal regulatory framework which bar commercial mail preparation firms from earning discounts for handing over presorted letter at incumbent’s sorting centers (Deutche Post. BdKEP)
European Commission - DG COMP (Brussels)
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European Commission - DG COMP (Brussels)
"The BdKEP decision: the application of competition law to the partially liberalised postal sector"* 1. Introduction On 20 October 2004, the Commission adopted a decision based on Article 86 regarding certain provisions of Germany’s postal regulatory framework which bar commercial mail (...)

The Danish national postal operator finds guilty of abuse of dominant position on the market for the distribution of non-addressed items and local weekly papers (Post Danmark/Forbruger-Kontakt)
McDermott Will & Emery (Brussels)
,
Université Catholique de Louvain
On 29 September 2004, the Danish Competition Council adopted a decision whereby Post Danmark A/S, the Danish national postal operator, was found to have abused its dominant position on the market for the distribution of non-addressed items and local weekly papers. The decision stemmed from a (...)

L’autorité espagnole de concurrence condamne l’ancien monopole postal, pour abus de position dominante sur le double fondement des dispositions internes et communautaires de concurrence (ASSEMPRE/Correos)
Sheppard Mullin (Brussels)
Dans le contexte des modifications du cadre législatif espagnol du droit de la concurrence, rendues nécessaires par l’adoption du Règlement (CE) n° 1/2003, du Conseil, du 16 décembre 2002, relatif à la mise en oeuvre des règles de concurrence prévues aux articles 81 et 82 du traité (JOCE L 1, du 4 (...)

The European Commission applies art. 86(3) of the EC Treaty in a decision addressed to France subsequent to a complaint of a trade association representing the majority of the French mail preparation companies (SNELPD)
Université de Namur
"The SNELPD Decision in the light of the previous Article 86(3) Decisions of the Commission"* Article 86(3) of the EEC Treaty entrusts the Commission with a specific surveillance duty ’in the case of public undertakings and undertakings to which Member States grant special or exclusive rights’. (...)

Mergers

The EU General Court annuls a Commission decision prohibiting a merger in the parcel delivery sector on due process grounds (UPS / TNT)
White & Case (Brussels)
Background On 15 June 2012, the global specialist transport and logistics provider United Parcel Services (“UPS”) notified the European Commission of its proposed acquisition of TNT Express NV (“TNT”) under the EU Merger Regulation. UPS and TNT are both active on international express small (...)

The Belgian Competition Authority clears a merger subject to remedies in the sector of newspapers distribution and delivery of small parcels (AMP / LS Distribution Benelux / bpost)
Belgian Competition Authority (Brussels)
The Competition College of the BCA has approved conditionally the acquisition of AMP and LS Distribution Benelux by bpost* The Competition College of the Belgian Competition Authority has on 8 November 2016 conditionally approved the acquisition of AMP NV and LS Distribution Benelux NV by (...)

The Polish competition authority clears an acquisition in the small package delivery sector (DPD / seven)
WKB Wierciński Kwieciński Baehr (Warsaw)
,
Freshfields Bruckhaus Deringer (Brussels)
In its decision of 1 October 2014, the Polish competition authority (Urząd Ochrony Konkurencji i Konsumentów, the "UOKiK") unconditionally cleared DPD’s 100% acquisition of shares in a fellow small package delivery company, Siódemka (in English: “seven”). This decision is one of a limited number of (...)

The EU Commission prohibits a merger considering that efficiencies arguments were not enough verifiable (UPS / TNT Express)
Van Bael & Bellis (Brussels)
On 7 May 2014, the European Commission published a summary version of its 30 January 2013 decision prohibiting the acquisition of package delivery service TNT Express by rival United Parcel Service (UPS) (see VBB on Competition Law, Volume 2013, No. 1). The Commission had prohibited the deal (...)

The French Competition Authority clears a merger in the parcel delivery sector (Calberson / Sernam)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears the takeover of certain Sernam assets by Calberson* Calberson S.A.S. (Calberson) has informed the Autorité de la concurrence of the exclusive control of certain assets of (...)

The Estonian Competition Authority prohibits a merger between two postal service providers on the basis of national merger regulation (Aktsiaselts Eesti Post / Express Post)
COBALT Legal
On 16 September 2011, the Estonian Competition Authority (ECA) prohibited merger between two postal service providers Aktsiaselts Eesti Post (Eesti Post) and AS Express Post (Express Post) in the second phase. First of all, it should be noted that Eesti Post is a state-owned near-monopoly (...)

The Danish Competition Council approves the creation of a joint venture for the distribution of unaddressed mail, including newspapers, subject to nine behavioural commitments, including distribution obligation (Post Danmark / 365 Media Scandinavia)
Kromann Reumert
The operation The joint venture was between the Danish national postal service provider Post Danmark and 365 Media Scandinavia, an Icelandic newspaper company. Post Danmark, as the national postal service provider in Denmark, was 75 percent owned by the Danish state. Post Danmark was active (...)

The Swedish Competition Authority clears an acquisition in the market for postal services, subject to a behavioural remedy (Posten/Strålfors)
Cederquist
The operation Posten AB is a state-owned company which provides postal services including mail and package deliveries (para. 2 The companies). Strålfors is a business to business company offering the printing and packaging of business, marketing and electronic communications services as well (...)

The Latvian Competition Authority conditionally clears a merger in the sector of postal services (Suomen Posti)
Raidla Lejins & Norcous (Riga)
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Cobalt Legal (Riga)
The operation On 23 December 2003 the Competition Council received a merger notification (hereinafter - the Notification) from SUOMEN POSTI OYJ on a merger between Latvijas Elektroniskais pasts SIA (hereinafter - the LEP) and Nacionalais maksajumu centrs AS (hereinafter - the NMC). According (...)

The Netherlands Competition Authority imposes fines on post service major companies for providing incomplete information regarding a proposed takeover (Correct Express Beheer)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Issues Fines Due to Incorrect Notification of a Merger* The Director-General of the Netherlands Competition Authority (NMa) has imposed the maximum fine of NLG 50,000 on both Deutsche Post International B.V. and Trans-o-flex Schnell-lieferdienst GmbH. These fines have been imposed because (...)

The German Competition Authority allows an exemption from the ban on putting the merger into effect (Deutsche Post)
German Competition Authority (Bonn)
Deutsche Post allowed to put merger with trans-o-flex into effect subject to strict obligations* The Bundeskartellamt has lifted the ban on putting into effect the planned increase by Deutsche Post AG (DP AG) of its share in trans-o-flex Schnell-Lieferdienst GmbH, Weinheim (trans-o-flex) from (...)

The French Minister of Economics clears a merger in the sector of advertising with remedies concerning the network access (La Poste/Delta Diffusion)
French Competition Authority (Paris)
The operation In the case at hand, Mediapost, a subsdiary of La Poste, acquires the distribution of leaflets business of Delta Diffusion. The market(s) The markets involved are the door-to-door distribution of commercial leaflets both at national and local level. Remedy The Minister notes (...)

The European Commission authorizes the creation of two joint ventures with world-wide activities for outbound cross-border mail (TPO of the UK, TPG of the Netherlands and Singapore Post Private)
European Commission - DG ECFIN
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European Commission - DG COMP (Brussels)
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2001 and 30th April 2001"* In March, the Commission authorised the creation of two joint ventures with world-wide activities for outbound cross-border mail by The Post Office (TPO) of the United Kingdom, TNT Post Group N.V. (TPG) of the (...)

The Finnish Competition Authority clears a merger in the postal services market with remedies including a hold-separate commitment (Posti/Atkos Printmail)
Grant Thornton (Helsinki)
The operation On 2 February 2001 the Finnish Competition Authority cleared, in a Phase II decision, a merger in which Suomen Posti Oyj acquired from Tieto Enator Oyj a 29% share in Atkos Printmail. As a result, Suomen Posti owned 80% of Atkos Printmail. At the same time the parties agreed (...)

State Aids

The EU General Court rules on the concept of advantage in relation to the costs borne by competitors (Germany)
College of Europe (Bruges)
Compensation for the extra costs imposed by law* Introduction On 14 July 2016, the General Court rendered its judgment in case T 143/12, Germany v Commission. The outcome was a victory for Germany as the General Court annulled Commission decision 2012/636 which had ordered Germany to recover (...)

The EU Commission rules that SGEI providers can be compensated in a way that induces them to become more efficient (UK Post Office)
College of Europe (Bruges)
Services of General Economic Interest: How to Compensate and Induce more Efficiency* Even traditional monopolists, like postal operators, have to comply with the rules on compensation for the extra costs of public service obligations. SGEI providers can be compensated in a way that induces (...)

The Court of Justice of the European Union dismisses France’s action against the Commission’s decision declaring an unlimited guarantee incompatible with the internal market (La Poste)
DLA Piper
There is no doubt that undertakings entrusted with
the provision of services of general economic interest (SGIEs) are subject to the rules in the Treaty on the Functioning of the European Union (TFEU), including its state aid rules. However, compensation for providing such public services also (...)

The EU Court of Justice reviews findings regarding the existence of an unlimited guarantee granted by the French State to its postal operator (La Poste)
European Procurement Law Group
Recent CJEU and GC views on the "economic advantage" element in State aid cases (C-559/12 and T-150/12)* In two recent cases, the Court of Justice of the EU (CJEU) and the General Court (GC) have reassessed the element of "economic advantage" required in the prohibition of State aid in Art (...)

The EU Court of Justice rules in favour of the appellant and allows the action for annulment against the Commission decision to reopen an inquiry on the alleged incompatibility of a state aid measure (Deutsche Post)
European Procurement Law Group
"Ne bis in idem" in State aid control? CJEU quashes Deutsche Post decision (C-77/12 P)* In its Judgment of 24 October 2013 in case C-77/12 P Deutsche Post v Commission, the Court of Justice of the EU quashed a Judgment of the General Court (T-421/07) and (indirectly) questioned a decision (...)

The EU General Court annuls the Commission decision rejecting the accuracy of the economic calculations concerning the rate of interest that a hypothetical private investor would have paid in a similar situation (Poste Italiane)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog. New Case Law on Incentive Effect, “Private Borrower”, Advantage, Compensation, SGEI and Market Failure* Introduction The posting reviews three recent rulings of the General Court. They are significant because they introduce substantial nuances in (...)

The EU General Court rules that an unlimited state guarantee granted to the postal services company constitutes incompatible state aid (La Poste)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Two Judgments: a) Unlimited State Guarantees and b) The Discretion of the Commission in Restructuring Measures* Main points Unlimited state guarantees are never compatible with the internal market The existence of an unlimited guarantee and its (...)

The EU Court of Justice sides Germany that Commission injunctions to provide information can be challenged (Deutsche Post)
Van Bael & Bellis (Brussels)
In its judgment handed down on 13 October 2011, the Court of Justice overturned the General Court’s ruling that appeals by Germany and Deutsche Post AG (“Deutsche Post”) relating to a Commission injunction requesting information in state aid investigations were inadmissible. At issue was (...)

The European Commission authorises public assistance to UK postal services operator ruling that the aid was compatible with EU rules because it does not overcompensate the net costs of the important public service tasks entrusted and therefore did not give any unfair competitive advantage (UK Post Office Limited)
European Commission - DG TRADE
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European Commission - DG COMP (Brussels)
Services of general economic interest: UK Post Office Ltd* On 23 March 2011 the European Commission authorised public assistance to the UK Post Office Ltd (POL), for a period of one year starting on 1 April 2011, for the funding of its network of post offices and the continuation of existing (...)

The European Commission authorises £180 M of public assistance to UK postal services operator for the funding of its network of post offices during one year (Post Office Limited)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
State aid: main developments between 1 January and 30 April 2011* On 23 March, the Commission authorised £180 million (€212 million) of public assistance to the UK Post Office Limited (POL) for the funding of its network of post offices during one year starting 1 April 2011. The Commission also (...)

The European Court of Justice confirms General Court’s annulment of the Commission decision in a State aid case (Deutsche Post)
Van Bael & Bellis (Brussels)
On 2 September 2010, the Court of Justice handed down its judgment in the Deutsche Post State aid case. It rejected the Commission’s appeal, thereby confirming the annulment of the Commission decision in question. Deutsche Post operates both in the mail delivery sector, in which it enjoys a (...)

The ECJ Advocate General Jääskinen agrees with the General Court’s ruling in a recovery State aid case in the postal sector (Deutsche Post)
Van Bael & Bellis (Brussels)
In an opinion issued on 24 March 2010, Advocate General Niilo Jääskinen agrees with the judgment given by the General Court (hereinafter the “GC”) in 2008 by which the GC overturned a Commission decision ordering Deutsche Post to repay € 572 million of state aid. According to the AG, the Commission (...)

The European Commission holds that the existing State aid scheme in favor of French postal services incumbent is not compatible with EU State aid rules (Garantie d’Etat illimitée - La Poste)
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 January and 30 April 2010"* On 26 January 2010, the Commission completed its investigation into the unlimited state guarantee enjoyed by the French Post Office (‘La Poste‘) because of its special status as a public body, following the adoption by the (...)

The European Commission endorses a scheme to compensate the Polish postal undertaking for net losses incurred in discharging its public service obligations (Poczta Polska)
European Commission - DG COMP (Brussels)
"State aid: main developments between 1 September and 31 December 2009"* On 15 December 2009, the European Commission also endorsed a scheme to compensate the Polish post for net losses incurred in discharging its public service obligations between 2006 and 2011. The Commission found the (...)

The European Commission decides that four State aid measures granted in favour of the UK postal incumbent are in line with EU State aid rules (Royal Mail)
European Commission - DG COMP (Brussels)
,
Groupe Holder
,
"State aid: main developments between 1 January and 30 April 2009"* On 8 April 2009, the Commission decided that four State aid measures granted in favour of the UK postal incumbent Royal Mail between 2001 and 2007 were in line with EU State aid rules. Since none of the measures had been (...)

The EU Court of First Instance annuls a Commission decision in a State aid case and holds that the Commission failed to examine whether the State measures exceeded the costs incurred by postal incumbent postal in performing services of general economic interest (Deutche Post)
Van Bael & Bellis (Brussels)
On 1 July 2008, the Court of First Instance (hereinafter ‘the CFI’) annulled the Commission decision which had found that certain measures of the German authorities in favour of Deutsche Post amounted to State aid incompatible with the common market. The CFI held, in particular, that the (...)

The European Court of Justice annuls Court of First Instance’s judgment on State aid in the postal sector (Chronopost, La Poste)
Van Bael & Bellis (Brussels)
On 1 July 2008, the European Court of Justice (hereinafter ‘the ECJ’) annulled a judgment of the Court of First Instance (hereinafter ‘the CFI’) which annulled a 1997 Commission decision in so far as the Commission had found that the logistical and commercial assistance provided by the French Post (...)

The European Commission holds that the remuneration fee paid for the distribution of postal savings books does not constitute State aid because this remuneration is in line with the principles established by the European Court of Justice (Cassa Depositi e Prestiti, Poste Italiane)
European Commission - DG COMP (Brussels)
,
European Commission - DG BUDG
"Poste Italiane: a market fee can fulfil the Altmark criteria"* On 22 November 2006, the Commission has decided that the remuneration fee paid by ‘Cassa Depositi e Prestiti’(CDP) to ‘Poste Italiane’(PI) for the distribution of postal savings books as of 2004 does not constitute State aid because (...)

The Paris Commercial Tribunal rules that a recipient of State aid could not be held liable for not having verified whether the aid had been notified (SFEI/La Poste-Chronopost)
Sheppard Mullin (Brussels)
Express delivery is a personalized service for the rapid dispatch of documents and parcels. In France this sector is open to unrestricted competition, unlike the ordinary postal service which is subject to the monopoly of the Post Office. The Société française de messagerie internationale (...)

The European Court of Justice rejects the appeal of the Commission in a State aid case granted in favor of a subsidiary of the French postal services incumbent (Sytraval)
European Commission - DG COMP (Brussels)
"Comment on the Judgment of the Court of 2 April 1998, Case C-367/95 P: Commission of the European Communities and French Republic v Chambre syndicale nationale des entreprises de transport de fonds et valeurs (Sytraval) and Brink’s France SARL"* 1. The Background With judgment of 28 September (...)

The EU Court of First Instance annuls the Commission decision rejecting a complaint concerning an alleged State aid in favor of a subsidiary of the French postal services incumbent (Sytraval)
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"SYTRAVAL"* In its judgment of 28 September 1995 in case T-95/94 «SYTRAVAL« v. Commission the Court of First Instance (CFI) annulled the Commission’s decision of 31 December 1993 rejecting a complaint in respect of alleged state aid in favour of «Sécuripost«, a subsidairy of the state-owned French (...)

Procedures

The Netherlands Authority for Consumers and Markets launches consultation on strategy and sets keys priorities for 2013
European Commission (Brussels)
The Netherlands: The Netherlands Authority for Consumers and Markets launches Consultation on Strategy and sets Keys Priorities for 2013* On 11 April 2013, the Netherlands Authority for Consumers & Markets (ACM), which started its activities on 1 April 2013, launched a consultation on its (...)

The EFTA Court annuls the ESA decision that denied the access to documents required by applicants in its quality of prospective claimant for damages (DB Schenker)
Mircea & Partners (Bucharest)
I. Introduction The applicants in the present case, collectively named ‘DB Schenker‘ have argued successfully for the annulment of the decision from 16 August 2011 adopted by EFTA Surveillance Authority (hereinafter ‘ESA’). Schenker Privpak AS and Schenker Privpak AB are limited liability (...)

The Cypriot Commission for Protection of Competition imposes fines for not providing the information requested during the investigation of a complaint in the postal sector (DPS)
Commission for the Protection of Competition of the Republic of Cyprus
The Commission for the Protection of Competition decided to impose a fine to the Department of Postal Service for the infringment of Section 30 (3) of Law No. 13(I)/2008, in relation to the complaint submitted by Andreas Alexandrou Accessories Ltd against the Department of Postal Services* (...)

The Paris Court of Appeal rejects an appeal lodged against the conditions of search and seizure operations conducted by the Competition Authority at the premises of a leading international group in the transport and delivery service sector (TNT Express)
White & Case (Paris)
,
French Competition Authority (Paris)
On October 4, 2011, the delegate of the first President of the Paris Court of Appeal issued three orders relating to competition search and seizure operations conducted by the French National Competition Authority (the «NCA«) at the premises of TNT Express and TNT Express France («TNT«), SARL (...)

The Memorandum of Understanding on specific economic and competition policy conditionality for granting financial assistance: Portugese point of view
Portuguese Competition Authority (Lisbon)
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Portuguese Competition Authority (Lisbon)
The views expressed here are the authors’ alone. 1. Introduction On May 3rd 2011 the Portuguese Government reached an agreement with the European Commission, the European Central Bank and the International Monetary Fund regarding a Memorandum of Understanding on specific economic policy (...)

The Italian Competition Authority transmits to the government a document which highlights the need for reforms to ensure the development of competition and consumer protection
European Commission (Brussels)
Italy: “Annual Law for Competition” Pursuant to Article 47 of L. 99/2009, the Italian Government must submit to the Parliament, a draft of the “annual law for competition”. The “annual law for competition” should remove any existing legal or administrative obstacles to the opening of markets and (...)

The US Supreme Court holds that the US Postal Service is not a "person" under the antitrust laws, further limiting the role of antitrust in public and regulated industries (USPS / Flamingo)
Resources for the Future
USPS v. Flamingo Industries* In 2004, the US Supreme Court issued a decision in an antitrust case brought by Flamingo Industries against the United States Postal Service (USPS). Flamingo manufactured the sacks used by postal workers to hold the non-parcel mail that they carry and deliver to (...)

The US Supreme Court shields postal service from antitrust policy (USPS / Flamingo Industries)
Tauil & Chequer (in cooperation with Mayer Brown)
A producer of mail sacks that was one of the suppliers of the USPS sued the latter for terminating, without justification, their supply Agreement. The USPS has a dominant position in several postal markets in the US and was challenged under Section 2 of the Sherman Act (i.e., attempt to (...)

The European Commission fines German postal incumbent for supplying incorrect and misleading information in a merger case (Deutsche Post)
RBB Economics (The Hague)
,
European Commission - DG COMP (Brussels)
,
European Commission - DG COMP (Brussels)
"Commission fines Deutsche Post, KLM, Anheuser-Busch and Scottish & Newcastle for supplying incorrect or misleading information in competition procedures"* On 14 December 1999, the Commission adopted three decisions by which it imposed two fines of 50.000 Euro on Deutsche Post, a fine of (...)

Regulations

The Australian Competition and Consumer Commission does not object against price increase for monopoly letter services (Australia Post)
Australian Competition and Consumer Commission
ACCC does not object to postage price increase by Australia Post* The Australian Competition and Consumer Commission has decided to not object to Australia Post’s proposal to increase the prices of ordinary letter services, including the basic postage rate (BPR) from 60 cents to 70 cents. (...)

The French postal and telecommunications regulator (ARCEP) fines universal postal service provider for not providing an affordable service for the shipment of low-value objects weighing less than two kilograms (La Poste)
The journal of Regulation (Paris)
French regulators fine La Poste for not providing an affordable service for the shipment of low-value objects weighing less than two kilograms* MAIN INFORMATION On December 20, 2011, the Autorité de Régulation des Communications électroniques et de la Poste (ARCEP — French postal and (...)

The Swedish Market Court orders the incumbent postal operator to discontinue applying its sorting discount programme subject to a penalty payment (Posten AB, Bring CityMail Sweden)
European Commission (Brussels)
Sweden: Private Enforcement in Postal Sector On 6 June 2011, the Swedish Market Court (the Court) ordered Posten AB (Posten) to discontinue applying its sorting discount programme subject to a penalty payment of SEK 100 000 000 (€ 9 160 000). The case came before the Court as a private (...)

The French NCA issues an interim measures decision which orders the incumbent postal operator to confirm the suspension of its agreement with its biggest competitor (La Poste, Mondial Relay)
European Commission (Brussels)
France: The Autorité de la concurrence issues Interim Measures Decision in the Parcel Delivery Sector to confirm the Suspension of Horizontal Agreement between La Poste and its biggest Competitor* On 12 May 2011, the Autorité de la concurrence (the Autorité) issued an interim measures decision (...)

The Italian Competition Authority adopts an opinion on the draft decree on the liberalization of postal services
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Portuguese Competition Authority issues guidance on the forthcoming liberalization of the postal sector (Liberalização do Sector Postal)
Morais Leitão, Galvão Teles, Soares da Silva & Associados (Lisbon)
The Portuguese Competition Authority (Authority) issued on 16 July 2010 a guidance document on the state of competition in the postal sector (Report), in anticipation of the forthcoming full liberalization of the sector resulting from the implementation of the EU’s Third Postal Directive , due (...)

The Slovakian Competition Authority comments a draft act concerning postal services
European Commission (Brussels)
Slovakia: Authority’s Comments on Draft Act Concerning Postal Services On 27 November 2009, the Ministry of Transport, Posts and Telecommunications of the Slovak Republic (hereinafter “the Ministry”) submitted a draft Act on Postal Services (hereinafter: the Draft) to the legislative process. In (...)

The UK Court of Appeal upholds a € 12.74 M fine imposed by the Postal Service Commission to the incumbent for breaches of its licence (Royal Mail)
Université Aix-Marseille
1. The context Royal Mail is the provider of a universal postal service in the United Kingdom. It operates by virtue of a licence granted on 23 March 2001 and amended on 1 April 2003. Condition 8(4) of its licence requires Royal Mail to use all reasonable endeavours at all times to apply the (...)

The Estonian Supreme Court upholds the judgment of county court terminating the proceedings against State postal monopoly on misdemeanour charges on the grounds of an abuse of dominant position (Eesti Post)
Arnold & Porter (Brussels)
The Estonian Competition Authority fined AS Eesti Postin expedite proceedings for an abuse of dominant position (unequal treatment, fidelity rebates). Eesti Post appealed the decision. On October 3, 2007, the Supreme Court decided to partially satisfy the cassation and declared the decision of (...)

Public sector

The Spanish Administrative Tribunal of Contractual Appeals pushes for Competition in the postal sector (UNIPOST, MUGEJU)
European Procurement Law Group
On 26 September 2012, the Spanish Central Administrative Tribunal of Contractual Appeals (Tribunal Administrativo Central de Recursos Contractuales) issued its Decision 210/2012 regarding the award of a contract for the provision of postal services to the Spanish Sickness and Pension Fund for (...)

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