Federal Cartel Office allows Deutsche Post's claim
- Disputed agreements with competitors to be adjusted
- Judicial review remains open
The Federal Cartel Office has recognized Deutsche Post's fundamental claim to demand the return of unjustly demanded discounts from its competitors. This applies in the case that an as yet pending decision by the Higher Regional Court in Düsseldorf regarding the permissibility of these discounts is returned in favor of Deutsche Post or as a result of a decision by the EU Commission or the European courts is overturned.
In return, the company has promised to restrict the respective payback clause to its legal claims with regard to damage or disadvantages incurred. The matter concerns agreements with so-called consolidators, who collect smaller quantities of mail from different senders in order to demand discounts for the bundled posting at Deutsche Post.
The Federal Cartel Office decided on February 14 that Deutsche Post must grant corresponding quantity discounts, not just to customers, but also to competitors, for the direct posting of larger shipment quantities in the mail centers. In Deutsche Post's opinion, this decision does not correspond to the applicable legal situation and is an impermissible intervention in its exclusive license.
A corresponding appeal is pending before the Higher Regional Court in Düsseldorf. In case a decision is returned in its favor, Deutsche Post has seen to the obtention of contractual repayment claims, which were the object of anticompetitive appeals at the Federal Cartel Office. The agency had initially confirmed these comprehensive claims and then later took the opinion that only legal reimbursement claims with regard to damage or disadvantages incurred could be claimed.