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)

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 services. The FCO based its decision on the provisions of the German Act against Restraints of Competition (“ARC”), and also on Article 82 EC Treaty. Deutsche Post raised the State action defence to justify its conduct in denying certain services. This decision is noteworthy for two reasons. Firstly, it deals with the granting of access to Deutsche Post's delivery network for providers of pre-postal services. Secondly, the decision is noteworthy particularly with regard to the applicability of

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Thees Willemer, 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), 11 February 2005, e-Competitions February 2005, Art. N° 32

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