ACM wishes to impose an obligation on Dutch postal company PostNL to accept mail of competitors

The Netherlands Authority for Consumers and Markets (ACM) is of the opinion that Dutch postal company PostNL must continue to give regional business-mail companies access to its network of drop-off locations, sorting centers, and mail carriers. PostNL is not allowed to discriminate against mail of its competitors’ customers in favor of mail of its own customers. This is because, for next-day delivery outside one’s own region, regional postal companies rely on PostNL’s network. As businesses that wish to send mail continue to have a choice between multiple postal companies, they are able to benefit from better service at lower costs.

“The business market is by far the largest segment of the postal market. Businesses are responsible for approximately 95 percent of all mail in the Netherlands. We believe that businesses must be able to choose what postal company handles their mail needs. Competition in the business mail market leads to improved service, customized service, and lower prices for businesses, and ultimately also for consumers,” says Henk Don, Member of the Board of ACM. “Sandd and regional postal companies are alternatives to PostNL, yet regional postal companies are dependent on PostNL in order to be able to serve their business customers. PostNL is the only one that has a network with nation-wide coverage, and is able to deliver mail every day.”

We increasingly communicate over email, social media or mobile phone. As a result, we send less and less mail. Since 2009, the postal market has been completely liberalized. All mail can be delivered not just by PostNL, but also by other postal companies. Particularly for large senders of business mail, such as banks and insurance companies, there is more choice.

This marks the first time that ACM has conducted a market analysis of the postal market. As a result of an amendment to the Dutch Postal Act, ACM was given this power on January 1, 2014. With this new power, ACM is able to impose obligations on postal companies that have significant market power. Such obligations are laid down in a market analysis decision. The objective thereof is to prevent competition problems in the postal market as much as possible.

ACM has now released a draft decision. Anyone whose interests are concerned may submit their opinion to ACM. ACM will then draw up a final decision, which will come into force in spring 2015.