Postal services

Anticompetitive practices

The UK Competition Appeal Tribunal considers what constitutes abusive conduct and the use of expert economic advice and clarifies what the "as-efficient competitor test" entails (Royal Mail / Whistl)
Latham & Watkins (London)
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Latham & Watkins (London)
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Latham & Watkins (London)
UK COMPETITION APPEAL TRIBUNAL JUDGMENT: PUSHING THE ENVELOPE ON ABUSE OF DOMINANCE* The CAT’s Royal Mail v Ofcom judgment considers what constitutes abusive conduct, the “as-efficient competitor” test, and the use of expert economic advice. On 12 November 2019, the UK Competition Appeal (...)

The Paris Court of Appeal confirms the decision of the French Competition Authority but reduces fines in the parcel delivery services cartel case (Parcel delivery services cartel)
Van Bael & Bellis (Brussels)
On 19 July 2018, the Paris Court of Appeal (the “Court”) delivered a judgment in connection with the parcel delivery services cartel case (see VBB on Competition Law, Volume 2016, No. 1). The Court confirmed most of the findings of the French Competition Authority (“FCA”), including that the (...)

The Spanish Competition Authority fines ten courier and parcel companies for participating in a customer-allocation cartel (Mensajeria y paqueteria empresarial)
Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
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Gómez-Acebo & Pombo (Brussels)
The Spanish Competition Authority (“CNMC”) has fined ten courier and parcel companies EUR 68 million for participating in a customer-allocation cartel, namely, Correos Express, UPS, TNT, DHL, Touline, RedySer, FEDEX, ICS and MBE. The CNMC has found that some of the companies entered into oral (...)

Dominance

The UK Competition Appeal Tribunal upholds the Ofcom’s fine against a company for price discrimination (Royal Mail / Whistl)
Van Bael & Bellis (Brussels)
The UK’s Competition Appeal Tribunal upholds the Ofcom’s record £50 million fine against Royal Mail for price discrimination against Whistl, a competitor in the market for the processing of bulk mail.On 12 November 2019, the UK’s Competition Appeal Tribunal (CAT) upheld the UK communication (...)

The UK Competition Authority fines a company for abusing its dominant position by discriminating against its only major competitor delivering letters (Royal Mail)
Ofcom has fined Royal Mail £50,000,000 for a serious breach of competition law, after the company abused its dominant position by discriminating against its only major competitor delivering letters. The penalty is the result of an investigation into a complaint, made to Ofcom by Whistl (one of (...)

The Portuguese Competition Authority renders legally binding a set of remedies that expand the scope of postal network access offer of a postal operator to competing operators (CTT)
Portuguese Competition Authority (Lisbon)
AdC’s intervention expands the scope of CTT postal network access offer to competing operators and broadens consumer choice* The Portuguese Competition Authority (AdC) adopted a decision which renders legally binding a set of commitments that expand the scope of CTT’s Postal Network Access Offer (...)

The Higher Regional Court of Düsseldorf rejects an appeal lodged by the German incumbent postal services operator, against a decision of the Federal Cartel Office in an abuse of dominance case (Deutsche Post)
Van Bael & Bellis (Brussels)
In a recently published decision of 6 April 2016, the Higher Regional Court of Düsseldorf (“Court”) rejected an appeal lodged by Deutsche Post AG (“DPAG”), Germany’s incumbent postal services operator, against a decision of the German Federal Cartel Office (“FCO”). By decision of 2 July 2015, the FCO (...)

Mergers

The Dutch Competition Authority prohibits a merger in the postal delivery market (Sandd / PostNL)
Netherlands Authority for Consumers & Markets (The Hague)
ACM does not grant a license for the acquisition of postal operator Sandd by PostNL* Having conducted a thorough investigation, the Netherlands Authority for Consumers and Markets (ACM) has decided not to grant a license for the acquisition of postal operator Sandd by rival operator PostNL. (...)

The EU Court of Justice dismisses the Commission’s appeal against the annulment of its decision to prohibit a merger in the parcel delivery market (UPS / TNT)
White & Case (Brussels)
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White & Case (Brussels)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. EU Court confirms the need for transparency and full disclosure of economic analyses in EU merger cases (UPS/TNT)* On 16 January 2019, the Court of Justice of (...)

The EU Court of Justice rules that the Commission violates rights of defence when it failed to share the final economic model used in its decision to block a merger (UPS / TNT)
Jones Day (Brussels)
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Jones Day (Paris)
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Jones Day (Brussels)
In Short The Development: The European Court of Justice ("ECJ") ruled that the European Commission ("Commission") violated UPS’s rights of defense when it failed to provide UPS with the final economic model used in its decision to block UPS’s proposed acquisition of TNT in 2013. The Result: The (...)

The French Competition Authority clears a merger subject to remedies in the sector of collection and recovery of non-hazardous office waste (La Poste / Suez)
French Competition Authority (Paris)
Collection and recovery of non-hazardous office waste sector* In an unprecedented move, the Autorité de la concurrence closes a litigation procedure, and on the same day, clears a merger involving the same activity. The Autorité obtained commitments from La Poste regarding the promotion, (...)

The EU General Court annuls a Commission decision prohibiting a merger in the parcel delivery sector on due process grounds (UPS / TNT)
White & Case (Brussels)
Background On 15 June 2012, the global specialist transport and logistics provider United Parcel Services (“UPS”) notified the European Commission of its proposed acquisition of TNT Express NV (“TNT”) under the EU Merger Regulation. UPS and TNT are both active on international express small (...)

State Aids

The EU Commission opens an in-depth investigation to assess whether some capital injections granted by Denmark and Sweden to postal companies are in line with EU State aid rules (PostNord / Post Danmark)
DG COMP (Brussels)
State aid: Commission opens in-depth investigation into capital injections in favour of PostNord and Post Danmark* The European Commission has opened an in-depth investigation to assess whether certain capital injections granted by Denmark and Sweden to PostNord and Post Danmark are in line (...)

The EU General Court confirms the compatibility of a polish State aid granted to its postal operator (Inpost Paczkomaty)
Arendt & Medernach (Luxembourg)
The source of this dispute is a Commission decision not to raise objections to the measure notified by Polish authorities concerning the aid granted to Poczta Polska ("PP") in the form of compensation for the net cost of fulfilling its universal postal service obligations for the period between (...)

The EU Commission approves compensation granted by Denmark to the incumbent postal company to fulfil its public service mission (Post Danmark)
DG COMP (Brussels)
State aid: Commission approves compensation granted by Denmark to Post Danmark for its universal service obligation* The European Commission has concluded that the compensation granted by Denmark to Post Danmark to fulfil its public service mission during the period 2017-2019 is in line with (...)

The EU Commission approves the State aid granted to the incumbent postal operator in Denmark to meet the costs of its universal service obligations (Post Danmark)
Maastricht University
Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU Commission approves the compensation provided by the UK to the incumbent postal operator for the extra costs of the public services provided for the 2018 - 2021 period (Post Office)
Maastricht University
* Article published on StateAidHub: http://stateaidhub.eu, republished in e-Competitions with the courtesy of the author. The original title of this article appears below the e-Competitions title. Authors are welcome to write an alternative article on this case/text, provided they have no (...)

The EU General Court rules on the concept of advantage in relation to the costs borne by competitors (Germany)
Maastricht University
Compensation for the extra costs imposed by law* Introduction On 14 July 2016, the General Court rendered its judgment in case T 143/12, Germany v Commission. The outcome was a victory for Germany as the General Court annulled Commission decision 2012/636 which had ordered Germany to recover (...)

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