The ESA fine has been reduced

The EFTA Court has refused to lift the fine imposed on Norway Post by the EFTA Surveillance Authority (ESA) in 2010 but the size of the fine has been reduced.

Post i Butikk
The EFTA Court ruling stems from ESA deciding that Norway Post had breached the competition rules by entering into exclusive agreements with supermarket chains when it established Post in Shops.

ESA decided Norway Post had breached the competition rules by entering into exclusive agreements with supermarket chains when it established Post in Shops, and ordered the company to pay a fine of around NOK 100 million in 2010. Norway Post disagreed with this decision and brought the case before the EFTA Court. The judgment means that ESA’s decision remains in force but that the fine has been reduced from Euro 12.89 million to Euro 11.1 million.

“I’m disappointed about the EFTA Court’s decision and take note of it, but am pleased that the ESA fine has been reduced,” says Dag Mejdell, the CEO of Norway Post.

Norway Post has a strong focus on complying with the prevailing regulations. Mr Mejdell states that, as part of this work, Norway Post is constantly developing the competence of, and providing training in the competition rules to, employees throughout the Group.

Old agreements
The case concerned exclusivity clauses in Norway Post’s previous agreements with supermarkets, but these clauses only related to 4,000 of just over 30,000 possible delivery sites in Norway. The agreements were entered into when Post in Shops was established in 2000 and during the years after this.

The exclusivity clauses were terminated more than six years ago.

Rejects the claim for damages
Following the ESA decision, Schenker has brought a claim for damages of NOK 460 million against Norway Post. This case will be heard by Oslo District Court. Norway Post rejects the claim for damages.

“We disagree with Schenker’s claim for damages and look forward to the court hearing of this case,” says Mr Mejdell.

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