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)

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 magazine and newspaper publishers. These clauses offered Post's customers the choice between two pricing models, both of which related to the modalities of a price increase made necessary by the cessation of state aid. According to pricing model 1, the price increase would be implemented in two steps within a period of two years (2002 and 2003). Pricing model 2 provided for a gradual implementation of the price increase over a period of five years, ending in 2006. Due to the slower

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Authors

  • Reidlinger Schatzmann Rechtsanwälte (Vienna)
  • DORDA (Wien)

Quotation

Axel Reidlinger, Heinrich Kühnert, 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), 27 February 2006, e-Competitions Bulletin February 2006, Art. N° 570

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