Zásilkovna will share pick-up points thanks to the intervention of the Office, more options for consumers
The Office for the Protection of Competition (“the Office”) accepted commitments from an undertaking Zásilkovna s.r.o. consisting of an amendment to the contractual terms and conditions concluded between Zásilkovna and operators of parcel delivery pick-up points so that these pick-up points could also be used by competing parcel carriers.
The Office considered the proposed commitments as sufficient to eliminate competition concerns and, subject to the condition of their implementation, terminated the administrative proceedings concerning the possible conclusion of anticompetitive vertical agreements.
As a result of the Office's decision, more than 3,400 pick-up points may be opened to competing carriers, potentially giving consumers more options for picking up their shipments.
The Office has been investigating the undertaking Zásilkovna since the end of 2020 on the basis of complaints that Zásilkovna's contractual terms and conditions prevent the operators of pick-up points from dispatching shipments delivered by competing parcel carriers at the same premises. Such restriction did not apply only for the duration of the contract concluded between the pick-up point operator and Zásilkovna, but also for a certain period of time after its termination. At the same time, Zásilkovna held a high market share in the defined relevant market for the delivery of small parcels weighing up to 30 kg to pick-up points, especially in the segment of delivery to external pick-up points, which was affected by the assessed non-compete clauses. Within the administrative proceedings, the Office investigated a possible violation of the prohibition to conclude agreements restricting competition pursuant to Czech and EU law.
In course of the administrative proceedings, Zásilkovna proposed commitments according to which the operators of pick-up points that concluded a contract with Zásilkovna for more than two years are allowed to use this pick-up point also for dispatch of shipments of competing carriers. However, the pick-up point operators have to meet certain service quality criteria. In case of a termination of the contract, the non-compete restriction applies for a maximum of one year from the date of the conclusion of the contract with Zásilkovna and therefore applies only to contracts with a duration of less than 12 months. Amendments to the terms and conditions are to be made by Zásilkovna within 30 days after the Office´s comes into force, and all pick-up points operators that have a contract with Zásilkovna are to be informed.
Press Unit of the Office
24/057 – S0533/2020
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