ACM to prepare new market analysis for 24-hour business mail
On September 3, 2018, the Dutch Trade and Industry Appeals Tribunal (CBb) ruled on the appeals filed by Dutch postal operators PostNL, Sandd, Van Straaten post and Intrapost. The appeals were filed against the market analysis decision of the Netherlands Authority for Consumers and Markets (ACM) concerning 24-hour business mail. The CBb ruled that ACM had insufficiently shown that digital communication is not part of the market for 24-hour business mail. The CBb overturned ACM's decision on these grounds.
In response to this ruling, ACM has made a new analysis. The conclusion that can be drawn on the basis of this new analysis, which is also a quantitive analysis, is that digital communication is not part of the market for 24-hour business mail. PostNL has, by far, the strongest position on this market. Such a market positition could lead to anticompetitive concerns. In light of this, ACM has started to prepare a new market analysis decision. The outcome of this process is not yet clear, as additional analyses are required and associated procedures need to be completed. The outcome could lead to an obligation on PostNL to allow other postal operators access to PostNL's sorting and delivery network on the basis of cost-oriented tariffs.