The Dutch Competition Authority finds no abuse of dominance in the postal sector (Sandd / TNT)

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 [1]. Following a complaint from another undertaking in the postal sector, Sandd B.V.(“Sandd”), the NMa had initiated an investigation into the postal sector in 2008. Sandd claimed that TNT and its subsidiaries, TNT N.V., TNT Post and Netwerk VSP, abused their dominant position in four ways: by means of predatory pricing; tying and bundling; exclusive long-term contracts; and price discrimination. According to Sandd these practices constituted a breach of Articles 6 and 24 of the Dutch Competition Act and/or Articles 101(1) and 102 TFEU. II. Relevant market In its decision the

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Authors

  • De Nederlandsche Bank (DNB)
  • Smeets Van Empel advocaten (Amsterdam)

Quotation

Margot Aelen, Loes Brekhof, The Dutch Competition Authority finds no abuse of dominance in the postal sector (Sandd / TNT), 15 December 2009, e-Competitions December 2009, Art. N° 34057

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