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PENDING
INTERNAL MARKET/COMPETITION CASES AND COMPLAINTS IN THE POSTAL SECTOR
Belgium
1. The European
Commission against Belgium
Allegation: incorrect implementation of Postal Directive
On 30 July 2001, the European Commission sent a "reasoned opinion"
to the Belgian Authorities for having incorrectly implemented EC
Directive 97/67/EC. Specifically, the Belgian Government is accused
of maintaining a system where the national postal regulator is not
independent. In fact, Belgium’s Minister for postal services
exercises both managing and regulatory functions. This situation
creates a conflict of interest and contravenes the provisions in
the Postal Directive.
2. The European
Commission against Belgium
Allegation: unlawful state aid
In April 2000 the European Commission started an informal investigation
regarding unlawful state aid granted by the Belgian State to Belgian
Post Office.
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Finland
1. The Finnish Competition Authority against Finnish Post
Allegation: non-transparency of tariffs
The Finnish Competition Authority is since the summer 2001 analysing
a case concerning the lack of transparency of tariffs for hybrid
mail applied by the Finnish Post Office.
2. The Finnish
Competition Authority against Finnish Post
Allegation: discrimination of access
The Finnish Competition Authority is currently investigating alleged
discrimination of access for delivery of mail and packages to other
operators than Finnish Post. This case follows a complaint filed
with the national Authority by a competitor of Finnish Post.
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France
1. The European
Commission against France
Allegation: incorrect implementation of the Postal Directive
The Commission (DG Internal Market) is investigating whether the
French Postal regulator and the French postal operator are functionally
separated as stipulated by the Directive. A letter of formal notice
was sent in August 2000 by the Commission to French authorities.
2. The European
Commission against France
Allegation: unlawful state aid
The EC Court of First Instance nullified a 1996 European Commission
decision concluding that the French State had not granted unlawful
state aid to the French postal operator’s express carrier CHRONOPOST.
The French Government appealed against the Court’s decision.
The Commission is currently working to re-assess the entire case
and take a completely new decision, more than 10 years after SFMI’s
original complaint.
3. The European Commission against CHRONOPOST
Allegation: abuse of dominant position
In May 2000, the European Court of Justice and the Court of First
Instance invalidated a European Commission decision regarding the
French postal express operator CHRONOPOST. DG Competition is currently
re-analysing the case in particular the issue of cross-subsidisation
of activities in areas opened to competition and preparing another
decision.
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Germany
1. The European
Commission against Germany
Allegation: unlawful state aid to Deutsche Post World Net AG
In July 1994, the Bundesverband Internationaler Express - und Kurierdienste
(BIEK) filed complaint with the European Commission based on Articles
82 (abuse of dominant position) and 87 (state aid) EC against Deutsche
Post World Net AG.
2. The European
Commission against Germany
Allegation: unlawful state aid to Deutsche Post World Net AG
In July 1994, the express carrier UPS filed a complaint regarding
illegal cross-subsidies that allegedly constitute state aid. On
20 July 1999 the Commission opened a state aid investigation, which
is still under analysis within DG Competition.
3. The German
Authority for Post and Telecom (REGTP) against Deutsche Post AG
Allegation: abuse of dominant position
In 1995, the Bundesverband Internationaler Express - und Kurierdienste
(BIEK) filed a complaint against Deutsche Post AG (DPAG) in respect
of predatory pricing with both the German Ministry of Economics
and the German Ministry of Posts and Telecommunications. The case
was later transferred to the Bundeskartellamt (BKA) who carried
out an investigative review and returned the case to the Ministries.
The Postal Law of 1997 abolished the Ministry of Posts and Telecoms
and established a new Regulatory Authority for Posts and Telecoms
(REGTP) in Bonn, which is now considering the complaint.
4. The German
Authority for Post and Telecom (REGTP) against Deutsche Post AG
Allegation: illegal use of addresses
In October 1998, the Bundesverband Internationaler Express - und
Kurierdienste (BIEK) filed a complaint with the public prosecutor
regarding the illegal use of addresses by Deutsche Post AG (DPAG)
employees who used this information to take customers from other
express carriers. In March 1999, BIEK repeated this complaint with
the Civil Court. The German Court held that the behavior although
illegal was not DPAG policy but employees acting on their own account.
At BIEK’s request the Regulatory Authority for Posts and Telecoms
(REGTP) has opened an investigation with the objective to stop future
abuses.
5. The German
Authority for Post and Telecom (REGTP) against Deutsche Post AG
Allegation: illegal discounts
In March 1999, the Bundesverband Internationaler Express - und Kurierdienste
(BIEK) has filed a complaint with the Regulatory Authority for Posts
and Telecoms (REGTP) regarding discounts offered by Deutsche Post
AG (DPAG) to its big customers. The REGTP has opened a formal investigation.
6. The German
Court of Auditors (Bundesrechnungshofes) against DPWN
Allegation: unlawful fiscal exemptions
The German Court of Auditors (Bundesrechnungshofes) is looking into
alleged unlawful fiscal exemptions that DPWN was granted in the
period between 1998 and 1999. The exemptions granted by the German
Finance Ministry to DPWN would amount to 914 million Euro. According
to the German Court of Auditors this exemption could also be in
breach of EC law.
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Greece
1. The European Commission against Greece
Allegation: incorrect implementation of Postal Directive
The Commission has opened an infringement procedure against Greece
for incorrect implementation of the 1997 Postal Directive following
a complaint filed jointly by EEO and AEEC on 8 July 1999 regarding
the introduction of new licensing requirements, license fees, compensation
fund, and independent regulator.
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Iceland
1. The EFTA
Surveillance Authority against Iceland
Allegation: unlawful state aid
The EFTA Surveillance Authority has some time ago opened an investigation
against Iceland for granting unlawful subsidies to the Icelandic
Post. EFTA is still investigating the facts.
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Italy
1. The European Commission against Italy
Allegation: incorrect implementation of Postal Directive
The Commission is currently analysing the situation in Italy in
relation to the Directive’s requirement of independence of
the national regulatory authority. A case has not been formally
opened yet.
2. The Italian
Competition Authority against Poste Italiane
Allegation: abuse of dominant position
The Authority is analysing an antitrust case regarding the Italian
incumbent Poste Italiane on alleged distorting behaviors in the
area of trans-border mail (remailing).
3. The Italian
Competition Authority against Poste Italiane
Allegation: abuse of dominant position
The case regards the creation of a consortium composed of Poste
Italiane and its main competitor, Bartolini, for the transportation
and distribution of postal parcels.
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The
Netherlands
1. The Dutch
Post and Telecom Authority (OPTA) against KPN
Allegation: abuse dominant position
In 1997 the Dutch Road Haulage Association (TLN) filed a complaint
with the Dutch national competition Authority accusing KPN of abusing
its dominant position. In the past years other companies have reportedly
filed complaints against the Dutch Post with the Independent Post
and Telecom Authority (OPTA) in the Netherlands.
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Norway
1. The EFTA
Surveillance Authority against Norway
Allegation: incorrect implementation of Postal Directive
On 18 November 1999, a complaint was jointly filed by EEO and AEEC
with the Competition and State Aid Directorate of the European Free
Trade Association (EFTA)’s Surveillance Authority against Norway,
following the postal amendment act that Norway published on January
9, 1999. The act allegedly re-monopolises outgoing cross-border
mail. In addition, Norway Post allegedly abuses its dominant position
and fails to implement transparent accounts. The core of the complaint
regards breaches of article 7.2 of Directive 67/97/EC. EFTA is currently
analysing the case.
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Portugal
1. The European
Commission against Portugal
Allegation: incorrect implementation of Postal Directive
The Commission is investigating whether Portugal has implemented
the Postal Directive incorrectly. The Commission has received a
complaint regarding a problem of licencing requirements. A formal
case has not been opened yet.
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Spain
1. The European Commission against Spain
Allegation: incorrect implementation of Postal Directive
On 19 October 1999, a complaint was jointly filed by EEO and AEEC
with the European Commission against Spain, arising from the Spanish
Postal Law published on July 13, 1998. The complaint relates to
an abuse of dominant position, the re-monopolisation of cross-border
mail concerns about the independence of the national regulator,
and non-transparent accounts.
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United
Kingdom
1. The European Commission against the UK
Allegation: incorrect implementation of Postal Directive
The European Commission some time ago received complaints concerning
incorrect licencing system measures in the UK. The Commission is
currently conducting preliminary investigations. A formal case has
not been opened yet.
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