The Italian Competition Authority fines €1.6M the incumbent postal operator for exclusionary tariffs based on a national decree on the basis of Art. 10, 82 and 86 EC (Posta Ibrida)

Poste Italiane SpA (hereinafter, “Poste Italiane”) is the incumbent operator in the postal sector in Italy. It operates in the hybrid mail sub-sector through Postel SpA (hereinafter, “Postel”), a subsidiary it owns 80% of. In 2003, an undertaking active in the hybrid mail sub-sector lodged a complaint with the Autorità Garante della Concorrenza e del Mercato (the “NCA”) claiming that it suffered a competitive disadvantage compared to Postel, as it was charged the regular postal tariff by Poste Italiane, instead of the reduced tariff that Poste Italiane applied to its subsidiary. On 23 February 2005, the NCA decided to open proceedings against Poste Italiane for an alleged breach of Article 82 EC. The Italian subsidiary of the Dutch group TNT, as well as AISP, an association of medium-sized

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Pablo Ibáñez Colomo, The Italian Competition Authority fines €1.6M the incumbent postal operator for exclusionary tariffs based on a national decree on the basis of Art. 10, 82 and 86 EC (Posta Ibrida), 29 March 2006, e-Competitions March 2006, Art. N° 559

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