2004/236/EC: Commission Decision of 13 March 2001 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.1915 — The Post Office/TPG/SPPL) (Text with EEA relevance) (notified under document number C(2001) 721)
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
The notified operation whereby the undertakings The Post Office, United Kingdom, TNT Post Group NV, the Netherlands, and Singapore Post Private Limited, Singapore, will acquire within the meaning of Article 3(1)(b) of Regulation (EEC) No 4064/89 joint control of two newly-created joint ventures known as Delta and NewCo, is compatible with the common market and the functioning of the EEA Agreement.
Article 1 is subject to compliance with the following conditions, which may be changed by the Commission pursuant to paragraph 12 of Annex II: (a) the divestment and suspension commitment set out in paragraphs 1 and 2 of Annex II; (b) the commitment to maintain the viability of the divestment business set out in paragraph 3 of Annex II; (c) the mechanism for the transfer of the existing personnel set out in the first two sentences of paragraph 5 of Annex II; (d) the access to the network set out in paragraph 6 (i) and (ii) of Annex II; (e) the completion of the divestment procedure as set out in paragraph 7, first subparagraph, first sentence and second subparagraph, phrase reading "provided that ... agreed by the Commission" of Annex II; (f) the purchase of the divested business by a purchaser fulfilling the criteria set out in paragraph 7, subparagraph 3, first two sentences of Annex II, and (g) the compliance with any measure imposed by the trustee to make the parties comply with their commitment as indicated in paragraph 10 (i) (b) of Annex II.
Article 1 is further subject to compliance with the following obligations, which may be changed by the Commission pursuant to paragraph 12 of Annex II: (a) the non-compete obligations of paragraph 4 of Annex II; (b) the commitments relating to the personnel other than those of the first two sentences of paragraph 5 of Annex II; (c) the technical, administrative and operational assistance and the reference to the name of the previous business as indicated in paragraph 6 (iii), (iv) and (v) of Annex II; (d) the divestment procedure described in paragraphs 7 and 8 of Annex II, with the exception of that part referred to in Article 2 of this Decision; (e) the provisions relating to the trustee (Chapter D) with the exception of that part referred to in Article 2 of this Decision.
>TABLE> Done at Brussels, 13 March 2001. For the Commission Mario Monti Member of the Commission (1) OJ L 395, 30.12.1989, p. 1; corrected version in OJ L 257, 21.9.1990, p. 13. (2) OJ L 180, 9.7.1997, p. 1. (3) OJ C 69, 19.3.2004. (4) Turnover calculated in accordance with Article 5(1) of Regulation (EEC) No 4064/89 and the Commission Notice on the calculation of turnover (OJ C 66, 2.3.1998, p. 25). To the extent that figures include turnover for the period before 1 January 1999, they are calculated on the basis of average ECU exchange rates and translated into euro on a one-for-one basis. (5) Parts of this text have been edited to ensure that confidential information is not disclosed; those parts are enclosed in square brackets and marked with an asterisk. (6) OJ L 15, 21.1.1998, p. 14. (7) Proposal of 30 May 2000 for a European Parliament and Council Directive amending Directive 97/67/EC with regard to the further opening to competition of Community postal services, Commission(2000) 319 final: OJ C 337 E, 28.11.2000, p. 290. (8) Universal Postal Union, established by a treaty under public international law and to which countries are the signatories. (9) See Commission Decision 1999/695/EC of 15 September 1999 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case No IV/36.748 - Reims II), OJ L 275, 26.10.1999, p. 17. (10) The PPOs of the following countries are signatories to the Reims II agreement: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Luxembourg, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom, i.e. all EEA countries except the Netherlands and Liechtenstein. (11) See the following Commission decisions: IV/M.102 - TNT/GD Net; IV/M.787 - PTT Post/TNT-DG Net; IV/M.843 - PTT Post/TNT/GD Express Worldwide; IV/M.1168 - Deutsche Post/DHL; IV/M.1410 Deutsche Post/Danzas. (12) These data update the figures that the Commission had previously included in the Statement of Objections. The figures have been revised to remove EUR [...]* spent by business on stamps to send outbound cross-border mail. It had not been the Commission's understanding that this expenditure had been included in the market shares. In addition, the data previously supplied to the Commission for the United Kingdom had been based on the following constant GBP/EUR exchange rates: TPO (1.722) and TPG (1.65). All data presented in Table 1a has now been based on the official ECB average exchange rates for 1998, 1999 and 2000 respectively. Nevertheless, the difference in market structure between the resulting market shares is not great, due to certain additional adjustments that the Parties also made to the figures previously provided. (13) TPG, Deutsche Post, Swiss Post, La Poste, and Belgian Mailhouse, a joint venture between Post Danmark and Posten Sverige AB. (14) A survey that has been carried out by independent consultants for TPO based on 20 face-to-face interviews with consolidators/third party mailers. (15) Paragraph 51 of the Commission Notice on remedies acceptable under Council Regulation (EEC) No 4064/89 and under Commission Regulation (EC) No 447/98 (OJ C 68, 2.3.2001, p. 3).
Explanatory graph may be consulted on the following Commission website: http://europa.eu.int/comm/ competition/index_en.html ANNEX II The full original text of the conditions and obligations referred to in Articles 2 and 3 may be consulted on the following Commission website: http://europa.eu.int/comm/ competition/index_en.html
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