The Austrian Supreme Court confirms that a postal service abused its dominance by awarding quantity rebates on a discriminatory basis (Österreichische Post)

1. Factual and legal background By judgment of 11 November 2021 in Case 16 Ok 3/21h, the Austrian Supreme Court acting as appellate court in competition matters (Oberster Gerichtshof als Kartellobergericht) confirmed the Vienna Cartel Court’s first instance judgment holding that Österreichische Post had abused its dominant position, within the meaning of Article 5(1) No. 3 of the Austrian Cartel Law (Kartellgesetz) (almost identical to Article 102 TFEU), on the Austrian bulk mail market by granting discriminatory quantity rebates to large business clients and consolidators. Consolidators in the postal sector are ‘intermediaries’ acting ‘between the sender and the universal service provider, by clearing, routing and/or pre-sorting postal items, before channelling them into the public

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  • European Court of Justice (Luxembourg)

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Hanns Peter Nehl, The Austrian Supreme Court confirms that a postal service abused its dominance by awarding quantity rebates on a discriminatory basis (Österreichische Post), 11 November 2021, e-Competitions November 2021, Art. N° 108199

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