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Vol 21 No 8 Aug/Sept 2016

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The Liberalization of Postal Services in the European Union

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ISBN13: 9789041117809
ISBN: 9041117806
Published: May 2002
Publisher: Kluwer Law International
Format: Hardback
Price: £158.00



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The opening of the European postal market to competition is gaining ground as Member States transpose the 1997 postal directive into their national legislation and private postal companies expand their market shares. Moreover, changing regulatory trends (for example, the ever-lower weight and price limits delimitating the scope of the reserved area) encourage further growth in the continuing liberalization of this important network industry. In this informative symposium, 19 practitioners and academics expert in postal sector dynamics present detailed research findings, analysis, and recommendations. The book is based on a conference held in Brussels in February 2001, under the auspices of the Universities of Liege 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; abuse of market power, especially by incumbent public postal operators; the ""essential facilities"" doctrine; and funding of universal service obligations. 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. Business persons and their counsel, regulatory officials, practitioners, and academics interested in the creation of an EU-wide postal market-as well as in the ongoing reliability and improvement of postal service - should find this text valuable.

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Contents:
Foreword. Introduction. I. The Evolution of Terminal Dues and Remail Provisions in European and International Postal Law; J. Campbell. II. International Regulation of Postal Services: UPU vs WTO Rules; D. Luff. III. The Liberalisation of Postal Services in the European Union: An Analysis of Directive 97/67; D. Geradin, C. Humpe. IV. Market Definition in Postal Services; S. Baker, J. Dodgson. V. Abuse of Market Power in Postal Services: Lessons from the Commission's Decisional Practice and Court of Justice Case Law; J. Derenne, C. Stockford. VI. Access to the Postal Network: The Situation After Bronner; L. Flynn. VII. Merger Control in the Postal Sector; J.-Y. Art. VIII. The Provision and Funding of Universal Service Obligations in a Liberalized Environment; V.V. Comandini. IX. France. The Frence Postal Sector: Old Missions, New Challenges. S. Rodrigues. X. Germany; A. Heinen. XI. the Liberalisation of Italian Postal Services and the Case of `Special Services'; A. Perrazzelli, A. Fratini. XII. Norway Deregulation of the Norwegian Postal Market; G. Lunde, H. Selte. XIII. Portugal; J.C. Santana. XIV. The United Kingdom British Postal Reform in the Context of European Changes -- Lagging Behind, Catching Up or Leading the Way?; F. Mc Gowan. Annexes. Index