Immediate enforcement of decision on mail preparation services confirmed
13.04.2005
The Düsseldorf Higher Regional Court has today confirmed that Deutsche Post AG has to comply immediately with the Bundeskartellamt’s decision on “mail preparation services”. Accordingly, Deutsche Post has to immediately grant so-called “consolidators” access to partial services and partial service discounts, also for letters under the weight limits stated in the exclusive licence.
In February this year the Bundeskartellamt prohibited Deutsche Post from hindering or discriminating against rival small and medium-sized providers of postal services in the collection, pre-sorting and feeding into its system of letters weighing less than 100 grammes (cf. Bundeskartellamt press release of 14 February 2005 and of 3 November 2004). At the same time the Bundeskartellamt declared the decision to be immediately enforceable. Deutsche Post appealed against the decision both in respect of the order of immediate enforceability as well as in the main issue.
The President of the Bundeskartellamt, Dr Böge, stated: “Today’s confirmation of immediate enforceability by the Higher Regional Court will considerably improve the conditions for a swift stimulation of competition in the market for letter mail. Deutsche Post must now immediately end its abusive hindrance of competitors. I am confident that the Higher Regional Court will confirm the Bundeskartellamt’s decision in the main issue as well.”