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 postal operator Sandd. In its enforcement proceedings, ACM investigated PostNL's commercial practices on the business-mail market between 2015 and 2017. As a result of the acquisition of Sandd by PostNL, for which the Dutch State Secretary for Economic Affairs and Climate Policy granted a license citing reasons of general interest, the postal market has undergone fundamental changes in terms of market organization. As a consequence, it is no longer necessary or useful to continue these enforcement proceedings.
The investigation focused on whether or not PostNL abused an alleged dominant position on the postal market, and, as a result thereof, harmed Sandd.
Changes in the competitive landscape on the postal market
The decision of the Dutch State Secretary for Economic Affairs and Climate Policy on 27 September 2019 granting a license for the concentration of PostNL and Sandd dramatically changed the competitive landscape on the postal market. The State Secretary's decision was made after carefully weighing the different interests within the context of the public interest. In that assessment, the reduced desirability (among members of the public or in general) and viability of competition between multiple networks were taken into account, among other considerations.
01-05-2020 Notice about suspension of enforcement proceedings against Dutch postal operator PostNL (in Dutch)