Search results - Concurrences

17 Dec 2020 R

SGEI: The Court of Justice of the European Union, with regard to the aid granted by Poland to its incumbent postal operator, by specifying the modalities of attribution of compensation in the light of the rules of transparency laid down in the SGEI Framework, validates the approach of the General Court of the European Union concerning the compensation of the net cost resulting from the fulfilment by that operator of its universal postal service obligations (Inpost Paczkomaty, Inpost)

Alain Ronzano • N° 4-2020

On 17 December 2020, the Court of Justice of the European Union delivered a judgment in Joined Cases C-431/19 P and C-432/19 (Inpost Paczkomaty sp. z o.o. and Inpost S.A. v Commission) . It will be recalled that on 19 March 2019, the Court of First Instance of the European Union handed down a (...)

1 Dec 2020 B

The EU Commission approves State compensation granted by Italy to national postal service for its universal service obligation (Poste Italiane)

European Commission • December 2020

State aid: Commission approves State compensation granted by Italy to Poste Italiane for its universal postal service obligation* The European Commission has found the compensation granted by Italy to Poste Italiane to fulfil its public service mission (so-called ‘universal service obligation’ (...)

13 Nov 2020 B

The Slovak Competition Authority fines a company for a failure to submit required documentation and information within a stipulated time limit and the submission of false information (Slovenská pošta)

Slovak Competition Authority • November 2020

AMO SR imposed a fine on the undertaking Slovenská pošta, a.s., for a failure to submit required documentation and information within a stipulated time limit and the submission of false information – additional information* On 29 October 2020 the Antimonopoly Office of the Slovak Republic, the (...)

29 Oct 2020 R

Competence: The Paris Court of Appeal overturns an interim measures decision by the New Caledonian Competition Authority, finding that it has no jurisdiction to hear practices relating to the operation of telecommunications networks and services because this market is subject to a legal monopoly (New Caledonian Post and Telecommunications Office / Société Calédonienne de Connectivité Internationale)

Alain Ronzano • N° 4-2020

We remember that thanks to a decision no. 2020-MC-01 of July 2, 2020The New Caledonian Competition Authority had adopted its first decision on protective measures against the Office des Postes et Télécommunications de la Nouvelle-Calédonie (OPT-NC). Strictly interpreting the exclusive rights (...)

26 Oct 2020 B

The Slovak Competition Authority fines the national postal service company for failure to submit required documentation within a stipulated time limit and for submission of false information in the on-going investigation into the field of production and delivery of mass-delivered letter consignments and advertising addressed consignments (Slovenská pošta)

Slovak Competition Authority • October 2020

AMO SR imposed a fine on the undertaking Slovenská pošta, a.s., for a failure to submit required documentation and information within a stipulated time limit and the submission of false information* On 26 October 2020 the Antimonopoly Office of the Slovak Republic, the Division of Abuse of (...)

15 Oct 2020 R

Compatible aid: The General Court of the European Union confirms that the compensation granted by the Czech Republic to the incumbent operator for the performance of its postal activities in the context of a universal service obligation did indeed constitute State aid compatible with the internal market (První novinová společnost)

Alain Ronzano • N° 4-2020

On 15 October 2020, the Court of First Instance of the European Union delivered a judgment in Case T-316/18 (První novinová společnost a.s. v. European Commission).. It dismisses the action brought by a postal operator competing with the Czech incumbent operator pošta against the Česká Commission (...)

2 Oct 2020 B

The Finnish Competition Authority removes upon application the conditions imposed on a 19-years old merger in the market for mailing and direct marketing (Posti / Atkos Printmail)

Finnish Competition Authority • October 2020

FCCA removes the conditions set for the Posti/Atkos Printmail merger on application by Posti* On 25 September 2020, the Finnish Competition and Consumer Authority (FCCA) approved the Posti Group’s (Posti) application to remove the conditions set for the Posti/Atkos Printmail merger. In 2001, (...)

3 Sep 2020 B

The Italian Competition Authority welcomes the decision of the Prefecture of Rome to annul the tendering procedure for the integrated management of the judicial documents notifications service (Prefecture of Rome)

Italian Competition Authority • September 2020

The Italian Competition Authority welcomes the decision of the Prefecture of Rome to annul the tendering procedure for the assignment of the service of integrated management of the notifications of judicial documents* The Authority had previously sent a reasoned opinion in which it noted that (...)

2 Sep 2020 B

The Russian Competition Authority demands the national post to ensure equal conditions across all localities for provision of postal services

Russian Competition Authority • September 2020

FAS demanded Russian post to ensure equal conditions for provision of postal services* The Federal Antimonopoly Service issued a warning to the Russian Post to stop collecting surcharges to tariffs for postal services in hard-to-reach localities Since October 1, 2019, the Russian Post has (...)

23 Jun 2020 B

The EU Commission opens in-depth investigation into the financing of Czech state-owned postal operator’s universal service obligation (Czech Post)

European Commission • June 2020

State aid: Commission opens in-depth investigation into the financing of Czech Post’s universal service obligation* The European Commission has opened an in-depth investigation to assess whether the compensation granted by Czechia to Czech Post to fulfil its public service mission is in line (...)

11 Jun 2020 B

The Rotterdam District Court annuls the authorisation of the acquisition of postal services providers on the basis that it would result in a monopoly on the Dutch postal delivery market (Sandd / PostNL)

Anna Jorna • June 2020

On 11 June 2020, the Rotterdam District Court (the “Court”) annulled the authorisation of the acquisition of postal services provider Sandd by rival PostNL. The transaction had been authorised by the State Secretary for Economic Affairs and Climate Policy (the “State Secretary”) after receiving an (...)

11 Jun 2020 B

The Rotterdam District Court annuls a ministerial merger licence for the acquisition of rival post operators granted on general interest grounds outweighing the expected restrictive effects on competition (Sandd / PostNL)

Piet-Hein Eijssen • June 2020

On 11 June 2020, the District Court of Rotterdam (‘District Court’) annulled the decision of the Minister of Economic Affairs & Climate (‘Minister’) to grant a licence for the acquisition of rival post operator Sandd by PostNL. This was the first time since the introduction of the Dutch (...)

14 May 2020 B

The EU Commission approves State financing granted by Spain for Correos’s universal postal service obligation (Correos)

European Commission • May 2020

State aid: Commission approves State financing granted by Spain for Correos’s universal postal service obligation* The European Commission has found the compensation granted by Spain to Correos to fulfil its public service mission (so-called “universal service obligation” or USO) during the (...)

1 May 2020 B

The Dutch Competition Authority suspends enforcement proceedings against a national postal operator because the initiating competitor has since been acquired by the national postal operator, resulting in fundamental changes in the market organization (PostNL / Sandd)

Dutch Competition Authority • May 2020

ACM suspends enforcement proceedings against Dutch postal operator PostNL* The Netherlands Authority for Consumers and Markets (ACM) has decided to suspend its enforcement proceedings against Dutch postal operator PostNL, which had been initiated following a request for enforcement filed by (...)

2 Apr 2020 R

Commitments: The Competition Authority accepts and makes binding the commitments of the former incumbent home parcel delivery operator regarding the calculation of its discounts on parcel deliveries (La Poste)

Alain Ronzano • N° 3-2020

On 2 April 2020, the Competition Authority adopted Decision No 20-D-06 in whose favour it accepts and makes binding the commitments de la Poste SA and closes the substantive proceedings initiated by Kiala France, Kiala SA, UPS France and UPS Inc. concerning practices in the parcel delivery (...)

2 Apr 2020 B

The French Competition Authority accepts commitments from the French incumbent postal operator to put an end to loyalty and bundled rebates in the parcel delivery sector (La Poste)

Camille François • April 2020

On 2nd April 2020, the French Competition Authority (“FCA”) closed its investigation on the merits of an abuse of dominant position case started in 2010, by accepting and rendering legally binding the commitments offered by the French incumbent postal operator La Poste, designed at putting an end (...)

2 Apr 2020 R

Rebates: The French Competition Authority accepts commitments proposed by the incumbent operator in the parcel delivery sector (La Poste)

Marie Cartapanis • N° 3-2020 • pp. 99-111

More than ten years after the opening of proceedings against La Poste for practices in the parcel delivery sector, and at a time when business to consumer parcel delivery is facing a massive influx of parcels due to the health crisis, the Competition Authority has published a decision in which (...)

2 Apr 2020 R

Commitments: The French Competition Authority accepts and makes binding commitments to address competition concerns identified in the parcel delivery sector (La Poste)

Christophe Lemaire, Marie Florent • N° 3-2020 • p. 152

On 2 April 2020, the Competition Authority accepted and made binding the commitments offered by the La Poste group in the parcel delivery sector and therefore closed the proceedings initiated before it in 2010, following two referrals made by the Minister for Economic Affairs and by a relay (...)

18 Dec 2019 R

Clearance: The French Competition Authority unconditionally authorises the acquisition of sole control as part of a business diversification strategy (La Poste / Softeam)

Alain Ronzano • N° 1-2020

In recent days, the Competition Authority has put 33 new merger clearance decisions online, including 21 simplified decisions. These decisions include Decision No. 19-DCC-259 of 18 December 2019. in favour of which the Competition Authority unconditionally authorised the La Poste group to take (...)

18 Nov 2019 R

Sanctions: The French Administration is increasingly condemning companies’ overdue payments (Colis privé, GEFCO, EDF, SFR)

Jean-Louis Fourgoux • N° 1-2020 • p.106

A fine of 1 500 000 euros has been imposed by the Provence-Alpes-Côte d’Azur regional directorate of companies, competition, consumption, labour and employment (DIRECCTE) on the company SAS Colis Privé for late payment of its suppliers’ invoices. A fine of 1 600 000 euros has been imposed by the (...)

14 Nov 2019 B

The UK OFCOM finds an illegal market-sharing agreement in the parcel delivery services (Royal Mail / The SaleGroup)

Nigel Parr, Christopher Eberhardt • November 2019

On 14 November 2019, Ofcom issued an infringement decision under Article 101 TFEU and Chapter 1 Competition Act 1998 against Royal Mail and The SaleGroup Limited ("TSG") finding that a parcel delivery services agreement was anticompetitive. This was swiftly followed by a decision to open a (...)

12 Nov 2019 B

The UK Competition Appeal Tribunal upholds the OFCOM’s fine against a company for price discrimination (Royal Mail / Whistl)

Tim Kasten • November 2019

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 (...)

12 Nov 2019 B

The UK Competition Appeal Tribunal considers what constitutes an abusive conduct and the use of expert economic advice and clarifies what the "as-efficient competitor test" entails (Royal Mail / OFCOM)

Alexandra Luchian, David Little, Gregory Bonné, Nathan Wilkins • November 2019

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 (...)

12 Nov 2019 B

The UK Competition Appeal Tribunal upholds the OFCOM’s decision for abuse of dominance and discriminatory pricing strategy in the mail delivery service market (Royal Mail / Whislt)

Lauren Kourie, Peter Willis • November 2019

On 12 November 2019, the Competition Appeal Tribunal ("Tribunal") upheld Ofcom’s decision against Royal Mail Plc (Royal Mail), finding Royal Mail’s pricing strategy in relation to bulk mail delivery services to be discriminatory and an abuse of dominance. Royal Mail first announced the (...)

12 Nov 2019 B

The UK Competition Appeal Tribunal upholds a fine totalling £50 million to the national post office for abusing its dominant position by announcing price changes (Royal Mail)

Nigel Parr, Christopher Eberhardt • November 2019

On 12 November 2019, the UK Competition Appeal Tribunal ("CAT") upheld Ofcom’s decision to fine Royal Mail £50 million for abusing a dominant position by announcing price changes. Royal Mail has announced that it is seeking permission to appeal to the Court of Appeal. WHAT YOU NEED TO KNOW - KEY (...)

22 Oct 2019 R

Clearance: The French Competition Authority clears a takeover in the energy efficiency sector (Économie d’Énergie / La Poste)

Alain Ronzano • N° 1-2020

In the last few days, the Competition Authority has posted three new merger clearance decisions online. These decisions include Decision No. 19-DCC-195 of 22 October 2019. The operation is part of La Poste’s strategy to diversify the postal group’s activities, and therefore does not give rise to (...)

27 Sep 2019 B

The Dutch Ministry of Economic Affairs and Climate grants a licence, overruling the Competition Authority’s decision, for overriding public interests including the continuity and affordability of high quality in the postal services sector (PostNL / Sandd)

Pauline Kuipers, Piet-Hein Eijssen • September 2019

In February of this year, PostNL announced its intention to acquire rival operator Sandd. In view of the rapidly declining postal volumes, the two operators consider the combination of their nationwide postal networks necessary to ensure continuity and affordability of postal services. On (...)

5 Sep 2019 B

The Dutch Competition Authority prohibits a merger in the postal delivery market (Sandd / PostNL)

Dutch Competition Authority • September 2019

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. (...)

4 Sep 2019 R

Postal service: The French Postal and Electronic Communications Authority determines the cost of the mission of general interest in territorial planning (La Poste)

Sebastien Martin, Hubert Delzangles • N° 4-2019 • pp. 172-173

While it is known that La Poste is the universal postal service provider and will be so until 31 December 2025 (cf. Article L. 2 of the Postal and Electronic Communications Code), certain additions to this universal service are less well known. Article L. 1 of the Postal and Electronic (...)

4 Sep 2019 eB

Grands arrêts du droit de la concurrence - Volume IV Chapitre 3 Communications électroniques et postales
3.1 Organisation du marché

Chapitre 3 Communi Cations éle Ctroniques et postales 194 1 o rganisation du marChé 1.1 acc?s au r?seau CJue, 26 juill. 2017, europa Way srl, aff. C-560/15 La Cour de justice de l'Union européenne précise les conditions dans lesquelles la procédure gratuite d'attribution de radiofréquences de diffusion (...)

4 Sep 2019 eB

Grands arrêts du droit de la concurrence - Volume IV 3.2 Contentieux

317 2 Contentieux 2.1 Contrôle juridictionnel CE, 29 déc. 2006, UPC France, n° 288251 Le Conseil d'État procède à un “contrôle approfondi” des décisions de l'ARCEP, y compris de la définition des marchés et des parts de marché des différents opérateurs Par un arrêt rendu le vendredi 29 décembre 2006, le (...)

31 Jul 2019 R

Commitments: The French Competition Authority publishes proposed commitments to end coupling and loyalty discounts in the parcel delivery market (La Poste)

Alain Ronzano • N° 4-2019

Nearly ten years after being seized by the Belgian company Kiala, an operator of relay point delivery in competition with home delivery, which was acquired by UPS in 2012, the Authority finally decided to publish commitments and subject them to a market test! The plaintiffs denounced two (...)

22 Jul 2019 B

The EU Commission concludes on the constitution and the compatibility of a State aid in the postal service market (Poste Italiane)

Phedon Nicolaides • July 2019

* 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 (...)

22 Jul 2019 B

The Lithuanian Competition Authority terminates investigation for abuse of dominance after commitments made by the postal service company (Lietuvos paštas)

Lithuanian Competition Authority • July 2019

Konkurencijos Taryba approves commitments by Lietuvos Paštas* Lietuvos paštas committed to inform other postal service providers about any pricing changes in advance and not to create any obstacles to its competitors operating in the same market. Konkurencijos taryba decided that these (...)

14 Jun 2019 B

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)

European Commission • June 2019

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 (...)

1 May 2019 R

Conditional pricing and the AEC test: A happy marriage or an awkward couple?

Lucas Peeperkorn • N° 2-2019 • pp. 40-53

In this article the question is investigated whether and when conditional pricing and the AEC test form a happy couple. In situations where rebates are used to dampen competition between incumbents or as an exploitative device, applying the AEC test does not make sense. However, in cases where (...)

10 Apr 2019 R

Existing aid: The General Court of the European Union annuls, for defective statement of the reasons, a decision to extend a formal investigation procedure for aid granted to the German incumbent postal operator (Deutsche Post)

Alain Ronzano • N° 3-2019

On 10 April 2019, the Court of First Instance of the Union delivered a new judgment in the drawer case of State aid granted to Deutsche Post in connection with the opening up of the German postal market in the 1990s. The aid at issue included the subsidies paid by the German authorities to the (...)

10 Apr 2019 R

Selective advantage: The General Court of the European Union annuls a decision extending a formal investigation procedure, for lack of reasoning concerning the existence of an advantage (Deutsche Post)

Bruno Stromsky • N° 3-2019 • pp. 128-129

The Court of First Instance annulled a decision to extend the formal investigation procedure taken by the Commission in 2011 concerning the granting of public funds to Deutsche Post, a former public operator. The measures examined are various and old. They have been the subject of several (...)

19 Mar 2019 R

Granted State aid: The General Court of the European Union confirms European Commission’s decision declaring compatible the aid granted by Poland to its historical postal incumbent (Inpost Paczkomaty)

Alain Ronzano • N° 2-2019

The Court of First Instance of the European Union confirms the Commission’s decision not to raise objections to the aid granted by Poland to its incumbent postal operator in the form of compensation for the net cost resulting from the fulfilment by that company of its universal postal service (...)

19 Mar 2019 R

Universal service: The General Court of the European Union confirms the compatibility with the internal market of a universal public service compensation granted to the Polish Post, although there was no call for tender (Inpost Paczkomaty)

Bruno Stromsky • N° 2-2019 • pp. 140-142

Polish Post has been granted compensation by the State for the net cost of fulfilling its universal postal service obligations for the period between 1 January 2013 and 31 December 2015. The Commission declared this state aid compatible with the internal market following a preliminary (...)

19 Mar 2019 B

The EU General Court confirms the compatibility of a polish State aid granted to its postal operator (Inpost Paczkomaty)

Philippe-Emmanuel Partsch • March 2019

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 (...)

16 Jan 2019 B

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)

Assimakis Komninos, James Killick • January 2019

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 (...)

16 Jan 2019 B

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)

Charlotte Breuvart, Eric Barbier de la Serre, Henry de la Barre d’Erquelinnes, Serge Clerckx • January 2019

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 (...)

19 Sep 2018 R

Real advantage: The Court of Justice of the European Union considers that the simple presumption is not reversed when the “EPIC” (public enterprise of an industrial and commercial nature) has not received any real benefit from its status in the past (IFP Énergies nouvelles)

Alain Ronzano • N° 4-2018

Taking the view that the simple presumption laid down in the La Poste judgment is not rebutted by showing that the EPIC has not derived any real advantage from its status in the past and that it can be extended, beyond financial institutions, to the EPIC’s relations with its suppliers and (...)

14 Aug 2018 B

The UK Competition Authority fines a company for abusing its dominant position by discriminating against its only major competitor delivering letters (Royal Mail)

Office of Communications of United Kingdom • August 2018

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 (...)

19 Jul 2018 B

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)

Richard Burton • July 2018

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 (...)

19 Jul 2018 R

Concerted practices: The Paris Court of Appeal upholds the French Competition Authority’s decision in the sector of courier services while marginally reducing some fines, and confirms the need to carry out a global analysis in this type of cases (Chronopost)

Anne-Sophie Choné-Grimaldi • N° 4-2018 • pp. 108-110

We remember the exemplary convictions handed down in 2015 by the Competition Authority against almost all transport companies guilty of concerted practices constituting cartels. Three years later, it was the turn of the Paris Court of Appeal to rule. It took no less than 190 pages for the Court (...)

18 Jul 2018 R

Simplified procedure: The French Competition Authority publishes 38 new merger clearance decisions, including 35 simplified decisions (Total / Worex ; Serma / Chequers Partenaires ; Alpha Direct Services / Log’Hopp ; Malakoff Médéric / Humanis ; Besson Chaussures / Weinberg Capital Partners, Philippe Ginestet)

Alain Ronzano • N° 4-2018

In recent weeks, the Competition Authority has posted 38 new merger clearance decisions online, including 35 simplified decisions. These decisions include Decision No. 18-DCC-119 of 18 July 2018. on behalf of which the French Competition Authority has authorised the acquisition by Total (...)

10 Jul 2018 R

Universal service: The French Postal and Electronic Communications Authority publishes an opinion on the draft order regarding quality-of-service targets imposed to the French postal operator for 2018, 2019 and 2020 in relation to universal services on offer it must provide (La Poste)

Hubert Delzangles, Sebastien Martin • N° 4-2018 • p. 179

According to Article L. 2 of the French Postal and Electronic Communications Code (hereinafter CPCE), "La Poste is the universal postal service provider for a period of fifteen years from 1 January 2011". Consequently, the company is subject, by the same article, to specific obligations in (...)

10 Jul 2018 B

The EU Commission finds overcompensation in the State aid for the incumbent postal operator in Spain (Correos)

Phedon Nicolaides • July 2018

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 (...)

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