
The Cartel Court in Vienna has sentenced the Austrian Post AG to a hefty fine of €9.2 million. This ruling, which has now become legally binding, stems from the abuse of its dominant market position in the area of addressed mass mailings by the partially state-owned, publicly listed company. According to the court, the Post engaged in discriminatory practices with its discount policy for Info.Mail, providing certain customers with limited discount tiers, lower discounts, or annual bonuses.
“The company also imposed a confidentiality obligation regarding discount tiers and rates agreed upon with major customers for Info.Mail,” stated the Federal Competition Authority (BWB) in a press release on Tuesday. The Cartel Court found that the Post’s market share in the Info.Mail sector exceeds 90%, confirming its dominant position.
As emphasized by the BWB, the Post fully cooperated with the authority, submitting a corresponding acknowledgment. “This cooperation contributed to a faster conclusion of the proceedings, which is why the BWB requested a reduced fine of €9.2 million,” the Federal Competition Authority noted.
The court’s decision followed a request from several companies to address abusive behaviors stemming from the Austrian Post’s discriminatory discount practices. Interim injunctions were also sought. While the Cartel Court rejected the applications for interim injunctions, it did agree to the requests for the cessation of such practices. Consequently, the Post challenged the Cartel Court’s decision, filing an appeal with the Supreme Court, which is the highest court for cartel matters. However, the Supreme Court upheld the appeal, according to the BWB.