Postal company PostNL charges competitors too high tariffs

Dutch postal company PostNL puts its rival postal companies at a disadvantage by charging them too high a tariff. The Netherlands Authority for Consumers and Markets (ACM) wishes to see that PostNL charge its competitors the same tariffs as those that it charges its own business customers. In order to force PostNL to end this violation of the Dutch Postal Act, ACM has imposed an order subject to periodic penalty payments with a maximum of EUR 2 million.

These are the conclusions in an ACM decision that was made public last week after the court in interlocutory proceedings had handed down a ruling. PostNL had sought to remove the obligations from said decision, and, furthermore, to block its publication. The court turned down both requests.

Network

Following complaints filed by Van Straaten Post and Intrapost, two smaller rival postal companies, ACM looked into the tariffs and conditions of PostNL. These postal companies are dependent on PostNL’s national network for mail that they are unable to deliver themselves using their own networks. After all, smaller postal companies lack a network with which they are able to deliver mail throughout the Netherlands five days a week. PostNL is able to offer this service. Henk Don, Member of the Board of ACM, adds: “We have established that PostNL charged its competitors higher tariffs, whereas mail pieces of other postal companies could have easily been processed in exactly the same manner in the sorting process. This is called strategic product design. PostNL’s actions in this particular case are prohibited by the Dutch Postal Act.”

Objection

PostNL has filed an objection against ACM’s decision. This objection is currently being processed by ACM. In the meantime, PostNL does need to comply with all statutory obligations. Mr. Don continues: “We expect PostNL to carry out the order, and thus use the same tariffs and conditions for its own customers and other postal companies.”