Deutsche Post files EU complaint against Dutch mail monopoly extension

Deutsche Post World Net (DPWN) today filed a complaint with the European Commission to protestagainst the renewed delay of the opening of the mail market in the Netherlands. The Dutch

government decided last month not to open up the market as planned on July 1, 2008, but to extendTNT’s remaining monopoly indefinitely.

DPWN, which filed the complaint jointly with its Dutch mail subsidiary Deutsche Post SelektMail Nederland, said the delay to full liberalisation created “a competitive advantage for Post TNTof the Netherlands”. “Through their decision, the Netherlands join the group of opponents toliberalisation who refuse the uniform opening of postal markets in Europe and continue to count onmarket foreclosure instead of competition,” DPWN stated.

The Dutch ministry of economic affairs announced in May that it had decided to postpone theplanned full postal market liberalisation for the second time. It was first scheduled for January 1this year and then for July 1. TNT thus retains its remaining monopoly on letters up to 50g until,at the latest, full EU-wide postal liberalisation in 2011. The Dutch government justified itsdecision by saying that there was no level playing field in Germany due to the minimum postal wageand VAT exemption for Deutsche Post, and also due to postal labour conditions in theNetherlands. 

But DPWN said the statements of the Dutch government “clearly show that the renewed delayonly serves the interests of TNT. The Dutch government’s activities are, therefore, a clearviolation of European legislation.” It described the Dutch justification about conditions in theGerman market as “just an excuse”, noting that the German postal market had been completely opensince January 1, 2008, and that TNT has “unlimited business opportunities since the fall of themail monopoly there”.

In anticipation of liberalisation, DP Selekt Mail, like other TNT competitors, had alreadymade extensive investments, DPWN said. “For this reason, Deutsche Post and DP Selekt Mail arecalling on the Commission to act promptly and to eliminate the unacceptable distortion ofcompetition contrary to European law in the Dutch postal market as soon as possible.”