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 customers and certain customers of a competitor (Post Danmark)

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 prices charged to three former customers of its main competitor on the market for unaddressed mail, Forbruger-Kontakt. Background Post Danmark A/S ("Post Danmark"), the national postal operator, had a monopoly in the delivery of certain letters and parcels (with a universal service obligation). For that purpose, it had a nationwide distribution network. Post Danmark also used that network to distribute unaddressed mail (brochures, telephone dictionaries, guides, local and regional newspapers

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  • Plesner (Copenhagen)

Quotation

Jacob Borum, 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 customers and certain customers of a competitor (Post Danmark), 15 February 2013, e-Competitions February 2013, Art. N° 51102

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