
The Liberalization of Postal Services in the European Union
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This book is based on a conference held in Brussels in February 2001, under the auspices of the Universities of Liège and Ghent and the Free University of Brussels. It provides an in-depth assessment of the challenges presented not only by the prospect of liberalization but also by the transition (of particular significance during the next few years) from the traditional monopoly system.
Among the critical matters discussed are the following:
- terminal dues for international mail;
- remail provisions;
- the UPU and WTO constraints on the European postal market;
- EU Commission decisions and ECJ case law interpreting the postal directive;
- the effects of EC Treaty Articles 81 and 82 and the Merger Control Regulation; and
- abuse of market power, especially by incumbent public postal operators.
In addition, there are specific country reports from five EU Member States (France, Germany, Italy, Portugal, and the United Kingdom) and Norway, bearing witness to the diversity of means adopted to implement the postal directive.
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Content
- Cover
- Half Title Page
- Title Page
- Copyright Page
- Table of Contents
- Foreword
- Introduction
- List of Contributors
- Part I: Postal Services Liberalization and International Law
- 1. Evolution of Terminal Dues and Remail Provision in European and International Postal Law
- I. TERMINAL DUES THROUGH UPU HAMBURG CONGRESS, 1984
- II. REMAIL RESTRICTIONS THROUGH UPU HAMBURG CONGRESS, 1984
- III. REMAIL CONFERENCE AND CEPT TERMINAL DUES AGREEMENT, 1987
- IV. NORDIC TERMINAL DUES AGREEMENT, 1988
- V. UPU WASHINGTON CONGRESS, 1989
- VI. EUROPEAN POSTAL GREEN PAPER, 1992
- VII. UPU SEOUL CONGRESS, 1994
- VIII. REIMS I AND REIMS II, 1995-1999
- IX. UPU BEIJING CONGRESS, 1999
- X. SUMMARY
- REFERENCES
- 2. International Regulation of Postal Services: UPU vs. WTO Rules
- I. INTRODUCTION
- II. RELEVANT RULES OF THE UNIVERSAL POSTAL UNION
- III. CURRENT IMPACT OF WTO RULES ON INTERNATIONAL POSTAL LAW
- III. FUTURE NEGOTIATIONS
- REFERENCES
- Part II: Postal Services Liberalization and European Law
- 3 The Liberalisation of Postal Services in the European Union: An Analysis of Directive 97/67
- I. UNIVERSAL SERVICE
- II. DISTINCTION BETWEEN "RESERVED SERVICES" AND "NON-RESERVED SERVICES
- III. CONDITIONS GOVERNING THE PROVISION OF NON-RESERVED SERVICES
- IV. ACCESS TO THE NETWORK
- V. TARIFF PRINCIPLES
- VI. TERMINAL DUES
- VII. TRANSPARENCY OF ACCOUNTS AND CROSS SUBSIDIES
- VIII. NATIONAL REGULATORY AUTHORITIES
- IX. THE NEW COMMISSION PROPOSALS
- X. CONCLUSIONS
- 4 Market Definition in Postal Services
- I. MARKET DEFINITION IN POSTAL MARKETS: THE CONTEXT
- II. MARKET DEFINITION IN EC COMPETITION LAW
- III. HOW TO DEFINE A MARKET: THE TECHNIQUES
- IV. POSTAL SECTOR MARKET DEFINITION IN PRACTICE
- CONCLUSIONS
- REFERENCES
- V Abuse of Market Power in Postal Services: Lessons from the Commission's Decisional Practice and Court of Justice
- I. INTRODUCTION
- II. THE PAST BEHAVIOUR OF THE COMMISSION
- III. THE (IN)ACTIVITY OF NATIONAL COURTS, NATIONAL COMPETITION AUTHORITIES AND NATIONAL POSTAL REGULATORS
- IV. THE PRACTICE OF THE EUROPEAN COURT OF JUSTICE
- V. CURRENT COMMISSION PRACTICE
- VI. ABUSE OF MARKET POWER IN THE POSTAL SECTOR: A BRIEF REVIEW OF SEVERAL ABUSIVE PRACTICES
- CONCLUSION
- 6 Access to the Postal Network: the situation after Bronner
- I. INTRODUCTION
- II. ESSENTIAL FACILITIES: GENERAL
- III. EARLY USE OF THE ESSENTIAL FACILITIES DOCTRINE
- IV. BRONNER AND EUROPEAN NIGHT SERVICES
- V. ACCESS TO THE POSTAL SETWORK
- VI. COMPARISON WITH OTHER COMMUNITY REGULATORY REGIMES
- VII. CONCLUSION
- 7 Merger Control in the Postal Sector
- I. INTRODUCTION
- II. MARKET DEFINITION
- III. DOMINANCE
- IV. CONCLUSION
- 8 The Provision and Funding of Universal Service Obligations in a Liberalized Environment
- I. INTRODUCTION
- II. USOS IN THE POSTAL SECTOR
- III. POST-LIBERALIZATION SCENARIOS
- IV. USPS' STRATEGIES FOR USO FULFILMENTS
- V. ALTERNATIVES TO A RESERVED AREA FOR USO FINANCING
- VI. CONCLUDING REMARKS
- Part III: Postal Services Liberalization: Country Reports
- 9 The French Postal Sector: Old Missions, New Challenges
- I. INTRODUCTION
- II. THE FRENCH POSTAL MARKET: STILL A "JARDIN À LA FRANÇAISE"?
- III. FRENCH POSTAL REGULATION: THE WIND OF CHANGE
- IV. CONCLUSION
- 10 Germany
- I. HISTORICAL DEVELOPMENT
- II. CONSTITUTIONAL LAW
- III. THE POSTAL SERVICES ACT AND RELATED ORDINANCES
- IV. THE COMPATIBILITY OF THE STATUTORY FRAMEWORK WITH GERMAN CONSTITUTIONAL LAW AND EC LAW
- 11 The Liberalisation of the Italian Postal Market and the Case of "Special Services
- I. HISTORICAL BACKGROUND: THE POSTAL REGIME UNDER THE 1973 POSTAL CODE
- II. THE LIBERALISATION OF THE ITALIAN POSTAL MARKET
- III. LIBERALISATION BETWEEN COMPETITION AND UNIVERSAL SERVICE
- IV. THE PROPOSED NEW POSTAL DIRECTIVE: "SPECIAL SERVICES
- V. CONCLUDING REMARKS
- 12 Deregulation of the Norwegian postal market
- I. INTRODUCTION
- II. REGULATION OF THE NORWEGIAN POSTAL SECTOR
- III. CHANGING ENVIRONMENT
- IV. FEATURES OF THE NORWEGIAN POSTAL SECTOR
- V. MAIN CHALLENGES FOR THE REGULATOR
- VI. INTERNATIONAL EXPERIENCES
- VII. FULL DEREGULATION
- VIII. THIRD PARTY ACCESS TO THE PUBLIC POSTAL NETWORK
- IX. ACCESS PRICING
- X. UNIVERSAL SERVICE OBLIGATIONS (USOS)
- XI. CONCLUDING REMARKS
- REFERENCES
- 13 Portugal
- I. INTRODUCTION
- II. BASIC LAW ON POSTAL SERVICES (LAW N° 102/99, OF 26 JULY 1999)
- III. THE UNIVERSAL SERVICE CONCESSION CONTRACT
- IV. THE UNIVERSAL SERVICE PRICE AGREEMENT
- V. THE UNIVERSAL SERVICE QUALITY AGREEMENT
- VI. ACCESS TO AND PROVISION OF POSTAL SERVICES ON A COMPETITIVE BASIS
- VII. FUTURE EVOLUTION
- 14 British Postal Reform in the Context of European Changes - Lagging Behind, Catching Up or Leading the Way?
- I. INTRODUCTION
- II. THE EVOLUTION OF THE UK POST OFFICE
- III. THE INTERACTION OF EU and DOMESTIC PROCESSES
- V. RESTRUCTURING THE POST OFFICE: INTERNAL AND EXTERNAL CHANGES
- VI. BRITISH RESPONSES TO FURTHER LIBERALISATION
- VII. COMPARING PROPOSED EU MEASURE AND UK COMPETITION
- VIII. CONCLUSIONS
- REFERENCES
- Annexes
- Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service
- Notice from the Commission on the Application of the Competition Rules to the Postal Sector and on the Assessment of Certain State Measures Relating to Postal Services
- Index
- Back Cover
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