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Legal Regulation of Competition in Postal, Courier and Financial Services Industries

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Competitiveness Creation and Maintenance in the Postal Services Industry

Abstract

Postal services, as services of general economic interest, continue to have a central role in an effective and dynamic single European market and are vital to the wider economy. However, the role of postal services has changed as electronic communication services change traditional patterns of communication and business across Europe.

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Notes

  1. 1.

    Restriction of competition shall mean any actions which prevent competition in a relevant market or may weaken, distort or otherwise have a negative effect on competition.

  2. 2.

    Dominant position shall mean the position of one or more undertakings in a relevant market directly facing no competition or enabling to exert a unilateral decisive influence in a relevant market by effectively restricting competition. Unless proved otherwise, an undertaking (except retailers) with the market share of not <40 % shall be considered to enjoy a dominant position within the relevant market. Unless proved otherwise, each of a group of three or a smaller number of undertakings (except for retailers) with the largest shares of the relevant market, jointly holding 70 % or more of the relevant market, shall be considered to enjoy a dominant position. Unless proved otherwise, a retailer with the market share of not <30 % shall be considered to enjoy a dominant position within the relevant market. Unless proved otherwise, each of a group of three or a smaller number of retailers with the largest shares of the relevant market, jointly holding 55 % or more of the relevant market, shall be considered to enjoy a dominant position.

  3. 3.

    Directive 97/67/EC of the European Parliament and of the Council of December 15, 1997, on common rules for the development of the internal market of Community postal services and the improvement of quality of service, OJ L15, 21 Jan 1998, p. 14.

  4. 4.

    Directive 2002/39/EC of the European Parliament and of the Council of June 10, 2002, amending Directive 97/67/EC with regard to the further opening to competition of Community postal services, OJ L176, 5 Jul 2002, p. 21.

  5. 5.

    Directive 2008/6/EC of the European Parliament and of the Council of February 20, 2008, amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services, OJ L52, 27 Feb 2008, p. 3.

  6. 6.

    The Single Euro Payments Area is an initiative of the European banking industry, represented by the European Payments Council, that is strongly supported by the Commission and the European Central Bank (ECB). The Commission and the ECB see SEPA as an integrated market for payment services which is subject to effective competition and where there is no distinction between cross-border and national payments within the euro area. This calls for the removal of all technical, legal and commercial barriers between the current national payment markets.

  7. 7.

    The EU Council and European Parliament approved this Directive in April 2014; it is to be published in the Official Journal in the nearest time.

  8. 8.

    Proposal No. 2013/0264 (COD) on the Directive of the European Parliament and of the Council on payment services in the internal market amending Directives 2002/65/EC, 2013/36/EU and 2009/110/EC and repealing Directive 2007/64/EC.

  9. 9.

    Proposal No. 2013/0265 (COD) on the Regulation of the European Parliament and Council on interchange fees for card-based payment transactions.

  10. 10.

    Strict confirmation of authenticity means the procedure of confirmation of personal identity, which is grounded on two or more elements divided into such categories as cognition, possession and inherence, which are independent as in case one of them was damaged, the rest remain trustful. At least one of these elements must answer all the following characteristics: (1) the information, which is generated by the element, must be suitable to use only once; (2) the element must be protected by copyright (except the cases, which are defined by law); (3) the element must be protected from internet theft.

  11. 11.

    The interchange fee means the tax, which is charged by the bank, which issues the card, and is paid by the bank, which services the card (commercial bank) for the operations, which are performed with the issued card. When the card is used for payments and the bank, which services the card scanner, is the same bank, which handed the card, the inter-bank tax is not paid.

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© 2017 Springer International Publishing Switzerland

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PilinkienÄ—, V., DeltuvaitÄ—, V., DaunorienÄ—, A., Gaidelys, V. (2017). Legal Regulation of Competition in Postal, Courier and Financial Services Industries. In: Competitiveness Creation and Maintenance in the Postal Services Industry. Springer, Cham. https://doi.org/10.1007/978-3-319-31906-3_2

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