Significant Market Power

Since 1 January 2014, the Dutch Authority for Consumers and Markets (ACM) has been authorized to impose specific obligations on postal operators with proven significant market power (SMP).

The SMP policy is laid down in the provisions about access regulation for postal operators as laid down in the Postal Act 2009. This access regulation describes that other postal companies are to be granted access to the sorting and delivery network of PostNL. 

In July 2017, the ACM published a final market analysis decision concerning the 24-hour business bulk mail market. ACM’s decision obliges PostNL to offer wholesale access to postal operators in accordance with its wholesale conditions, tariffs and transparency obligations. PostNL has appealed against the SMP decision of ACM. 

The Trade and Industry Appeals Tribunal (College van Beroep voor het bedrijfsleven, CBb) in The Hague has annulled the Authority for Consumers and Markets (ACM) analysis decision on Significant Market Power on 3 September 2018 . The ACM has not shown that PostNL has Significant Market Power (SMP). On December 24, ACM has published a new draft SMP-decision. PostNL has submitted its opinion on the draft 14 February 2019.