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NMa: No Fine for Deutsche Post

The Netherlands Competition Authority (NMa) has revoked its decision of November 2001 in which it imposed fines on Deutsche Post International B.V. and Trans-o-flex Schnell-lieferdienst GmbH.

The fines were imposed because Deutsche Post and Trans-o-flex had provided NMa with incomplete information regarding the acquisition of Correct Express Beheer B.V., a part of Trans-o-flex, by Deutsche Post. Given the short period of only four weeks in which notifications of concentrations (Mergers, acquisitions and certain joint ventures) must be assessed, companies are required to provide NMa with all the necessary data on notification of the concentration.

The administrative appeal filed by Deutsche Post and Trans-o-flex against this decision by NMa has been partly upheld. NMa reached the conclusion that Deutsche Post and Trans-o-flex fails to provide information on the delivery of packages, but that they cannot be held responsible for doing so. The companies had an incorrect impression of the way in which NMa and the European Commission define the market.