The Italian Competition Authority finds that the post incumbent breached article 102 TFEU by applying the VAT exemption regime to individually negotiated universal services in breach of Article 102 TFEU (VAT regime on postal services)

In its decision adopted on 27 March 2013, the Italian Competition Authority (“ICA” or the “Authority”) found Poste Italiane S.p.A. (“Poste” - the Italian incumbent operator in the postal sector) to have abused its dominant position in certain liberalised postal markets for the provision of universal services (i.e. (i) bulk mail, (ii) registered mail, (iii) certified mail, and (iv) direct mail advertising [1]), in breach of Article 102 of the Treaty on the Functioning of the European Union (“TFEU”). More specifically, the ICA ascertained that - in compliance with national mandatory rules - Poste applied the VAT exemption regime to the above liberalised postal services falling within the Universal Service Obligation (“USO”) irrespective of whether they had been “individually negotiated” with

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  • Bonelli Erede (Rome)

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Sara Lembo, The Italian Competition Authority finds that the post incumbent breached article 102 TFEU by applying the VAT exemption regime to individually negotiated universal services in breach of Article 102 TFEU (VAT regime on postal services), 27 March 2013, e-Competitions Buyer power in agreements and abuse of market power, Art. N° 57271

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