Neodyum Miknatis
maderba.com
implant
olabahis
Casino Siteleri
canli poker siteleri meritslot
escort antalya
istanbul escort
sirinevler escort
antalya eskort bayan
brazzers
Short Reads

Dutch Trade and Industry Appeals Tribunal annuls mail market analysis decision

Dutch Trade and Industry Appeals Tribunal annuls mail market analysis

Dutch Trade and Industry Appeals Tribunal annuls mail market analysis decision

01.10.2018 EU law

On 3 September 2018, the Trade and Industry Appeals Tribunal (CBb) annulled the market analysis decision regarding 24-hour business mail issued by the Dutch Authority for Consumers and Markets (ACM) on 27 July 2017. In appeal proceedings filed by PostNL, the CBb ruled that the ACM had failed to demonstrate that digital mail was not part of the relevant market for 24-hour business mail.

On the basis of a market consultation conducted in 2014, the ACM identified competition concerns in its finding that PostNL had significant market power on the market for 24-hour physical business mail and effectively refused to offer competitors access to its network and associated facilities. In order to remove these concerns, the ACM imposed access, tariff and transparency obligations on PostNL. 

In its appeal, PostNL argued that the ACM had erroneously excluded the market segment for digital mail from the relevant market. The ACM had defined the relevant market on which PostNL allegedly had significant market power exclusively on the basis of product characteristics. PostNL claimed that the market segment for digital mail formed part of the same market as physical mail and put forward an SSNIP test to substantiate that statement. 

The CBb held that there is no general obligation for the ACM to quantitatively substantiate its choice for a particular relevant market definition. An approach based on product characteristics may be sufficient in certain circumstances. This does not mean, however, that the ACM has full discretion to refrain from a quantitative method such as the SSNIP test. When the definition of the relevant market on the basis of product characteristics leads to ambiguous results, an SSNIP test, for example, may be required. 

According to the CBb, it was not enough for the ACM to rely on a market definition based on product characteristics since PostNL had submitted an SSNIP test that had a different outcome. Therefore, the ACM should have explained why an SSNIP test was not necessary or would not have led to a different market definition. The CBb concluded that the ACM had failed to sufficiently demonstrate why the digital mail segment fell outside the market for 24-hour business mail and had not fulfilled its burden of proof with regard to explaining why the SSNIP test submitted by PostNL was irrelevant given the circumstances of the case.
 
The CBb ruled that the ACM’s definition of the relevant market could not be maintained. Subsequently, it annulled the market analysis decision and consequently cancelled the obligations imposed on PostNL in that decision. 

This article was published in the Competition Law Newsletter of October 2018. Other articles in this newsletter:

1. Court of Justice refers case against Infineon in relation to smart card chips cartel back to the General Court
2. EFTA Court offers guidance for assessing national limitation periods for follow-on damages claims
3. UK Court upholds fine against Ping for online sales ban

Team

Related news

07.01.2021 NL law
(Geo)blockbuster: Canal+ ruling annuls commitment decision

Short Reads - A heads-up for companies seeking to settle in antitrust proceedings: commercially-affected third party complainants are not to be ignored. The Canal+ judgment marks the first time a commitment decision has been successfully challenged since the adoption of Regulation 1/2003. The European Court of Justice annulled the commitment decision on the ground that the Commission failed to take into account the rights of contractual parties affected by the commitments.

Read more

07.01.2021 NL law
Commission evaluates Antitrust Damages Directive: to be continued

Short Reads - On 14 December 2020, the Commission published a report on the implementation of the Antitrust Damages Directive (the Directive). The Commission observes a significant increase in antitrust damages actions since the adoption of the Directive. However, there is insufficient experience with the new Directive to properly evaluate its application. Instead, the Commission provides a concise overview of the implementation of some key aspects of the Directive.

Read more

07.01.2021 NL law
Amsterdam District Court puts a halt to unlimited forum shopping

Short Reads - On 25 November 2020, the Amsterdam District Court (the Court) declined jurisdiction over all non-Dutch defendants (the foreign defendants) in proceedings for compensation of damage based partly on an infringement of Article 101 TFEU. The proceedings were initiated by four public utility companies from the Gulf States (claimants) against both Dutch and foreign defendants.

Read more

07.01.2021 NL law
ACM study calls for regulation of Big Techs on payment market

Short Reads - The ACM’s market study, published on 1 December 2020, provides an overview of recent and upcoming developments concerning the role of Big Tech companies in both online and offline payment markets in the Netherlands. Although Big Tech companies currently have a relatively limited presence in these markets, the ACM expects significant expansion in the near future given these companies’ ability to leverage existing market power on other (platform) markets.

Read more

07.01.2021 NL law
Do the math: ACM publishes strategy on monitoring use algorithms

Short Reads - The ACM worries that the use of algorithms may lead to the creation of cartels, or nudge consumers towards a purchasing decision that is not in their best interest. Therefore, on 10 December 2020, it published a new policy document (in Dutch) setting out what businesses can expect when the ACM checks their algorithms. On the same day, the ACM also launched a trial with online music library Muziekweb to improve the ACM’s knowledge about the categories of data that are likely to be relevant in such investigations. All signs indicate the ACM’s intention to become more active in this area.

Read more