Post Danmark A/S provides communication and logistics solutions to businesses and individuals in the Nordic region. The company provides business and private letters and parcel postal services; e-services, such as e-mail and Internet bank messaging solutions, and scanning suppliers’ invoices and other business documents for companies; and outsourced mail management services. It also delivers newspapers, magazines, and periodicals. In addition, the company offers market communication services, including customer dialogue and CRM, direct mail, and electronic communication; and logistics and warehouse services to companies and private individuals, as well as sells stamps. Post Danmark A/S was f...
Founded in 1624
North Media A/S Announces Not to Pursue the Action for Damages Against Post Danmark
Apr 17 13
North Media A/S provided information about the Danish Supreme Court's ruling of 15 February 2013 in the proceedings commenced by Post Denmark A/S against the Danish Competition Council. Notwithstanding that, through its ruling of 15 February 2013, the Supreme Court did not give judgment in favour of Post Danmark A/S for abusing its dominant position, but decided, however, to revoke the Danish Competition Council's decision in this respect for other reasons, North Media A/S has decided to give up the action for damages brought before the Supreme Court and left the calculation of costs to be decided in detail by the Supreme Court, of which the Supreme Court has been informed on April 17, 2013. Through its decision of 29 December 2004, the Competition Council established that, for example, Post Danmark A/S had abused its dominant position in the market for unaddressed printed matter by offering Forbruger-Kontakt a-s' (now FK Distribution A/S) customers lower prices than those offered by Post Danmark A/S to its own customers and without Post Danmark A/S being able to substantiate the differences in prices. The Competition Council's decision was affirmed by the Danish Competition Appeals Tribunal through its decision of 1 July 2005 and by the Danish Eastern High Court's ruling of 21 December 2007. During the legal proceedings brought before the Supreme Court, preliminary matters were referred to the Court of Justice of the European Union, which stated in its ruling of 27 March 2012 that this could be a case of dominant position abuse, but that it would be necessary to take into account prices charged and costs incurred when adjudicating the case. As appears from Company announcement no 03-13 of 15 February 2013, the Supreme Court revoked the Competition Council's decision of 29 September 2004 with respect to this matter, referring to the Competition Council not having applied the test subsequently specified by the Court of Justice. Conversely, the Supreme Court rejected Post Danmark A/S' claim that it should be established that Post Danmark A/S had not been abusing its dominant position. Accordingly, the Competition Council's decision was revoked, but it was not established that Post Danmark A/S had not been abusing its dominant position by offering lower prices to Forbruger-Kontakt a-s' customers than those offered to its own customers.