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)

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 TNT abused a dominant position in certain relevant markets for postal services by engaging in (i) predatory pricing, (ii) tying and bundling, (iii) price discrimination and (iv) foreclosure through (exclusive) multi-year contracts. In respect of the fourth abuse, it also alleged a violation of article 101 TFEU and the equivalent national provision. After conducting an investigation, in which it focused primarily on predatory pricing, the NMa concluded that there was no support for any of the