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“The Role of Regulators in a More Competitive Postal Market” a study for the European Commission, Directorate General for Internal Market and Services by WIK-Consult - October 13, 2009
Overview

The purpose of this study is to identify appropriate next steps for the regulators of postal services in the Member States of the European Union (EU) and European Economic Area (EEA) in light of the evolution of postal markets, best regulatory practices, and the ongoing transposition of the ‘Third Postal Directive’.

In the last two decades, postal services — collection and delivery services offered by public and private operators — have undergone a period of rapid and fundamental evolution. Advances in electronic communications, information processing, and transportation systems have precipitated basic changes in the supply and demand for postal services. These market developments have been overlain by legal and institutional changes accompanying the creation of a single European market. Beginning with the Postal Directive adopted in 1997, Community legislation has sought to harmonise and improve postal services in the Member States. The directive requires Member States to regulate postal markets to ensure a universal postal service meeting minimum specified criteria, while at the same time embarking on a course of ‘gradual and controlled liberalisation' and giving basic protections to users (senders and addressees) of universal services. To implement these obligations, the directive requires Member States to establish one or more ‘national regulatory authorities’ (NRAs) for the postal sector.

The Postal Directive has been amended twice. The ‘Second Postal Directive’ (the original Postal Directive as amended in 2002) has been transposed into national law by all Member States of the EU and EEA. The ‘Third Postal Directive’ (the Second Postal Directive as further amended in 2008) must be transposed by 31 December 2010 at the latest (some Member States have until 31 December 2012). The Third Postal Directive completes the program of liberalisation begun in the original Postal Directive by requiring Member States to end all postal monopolies and implement other changes consistent with ‘full market opening’.

This study seeks to assist the NRAs and other regulators of postal markets — i.e., ministers, legislators, national competition authorities, etc. — to establish a sound basis for implementing the Third Postal Directive by:

• reviewing the manner in which Member States have implemented the original Postal Directive and its 2002 amendment;

• summarizing the role of the competition authorities and general competition law in regulating European postal markets;

• describing preparations and studies undertaken or planned for implementation of the Third Postal Directive;

• identifying ‘best practices’ in the regulation of postal markets by postal and competition authorities, where ‘best’ reflects the objectives and requirements of the Third Postal Directive; and

• identifying potential gains and appropriate mechanisms for cooperation among national regulatory authorities in order to implement the Third Postal Directive most efficiently and effectively.

[Link to Study.]