Post share takes off: Post AG vs. portoservice.at – Now it’s about compensation
In the legal dispute between Austrian Post and portoservice.at as well as three other shipping logisticians before the cartel court, portoservice.at now wants to make claims for damages against the Post.
This was preceded by a final ruling by the Supreme Court in November 2021, according to which the Post abused its dominant position in the transport of personally addressed advertising (“Info.Mail”). The antitrust proceedings for letter postage are still open.
The state-owned, publicly listed Post said on Wednesday at the APA: “We are of course taking note of a supreme court decision and will implement it.” The litigation continues. “The decision on the abuse by granting too low advance service charges in the letter post business segment as well as the possibility for business customers, in particular by choosing the ‘delivery location’, to choose freely whether they pay sales tax or not,” said portoservice.at on Wednesday in a broadcast.
In the final judgment of the Supreme Court (OGH) as an appeal court in antitrust matters, the November conviction reads as follows: “After the first applicant entered the market for post-consolidation services in May 2015, the defendant took measures to specifically hinder the first applicant (…) As a former monopoly for postal services and universal service operator, the respondent has a dominant market position in large parts of the Austrian postal sector, including in the market for the end-to-end delivery of letters and personally addressed bulk printed matter the first applicant could only provide their services if they could access the defendant’s services. “
Mail order logisticians do the preparatory work for addressing advertising from major customers such as mail order companies or telecom and energy companies; deliveries are made via the Post’s distribution centers. Since the beginning of 2018, they have had fewer discounts and bonuses compared to other major Swiss Post customers.
In Viennese trading, the Post share climbed at times by 0.95 percent to EUR 37.20.