draft decision of ) 1, triggered by a request for intervention by Iberomail - Correio Internacional SA (hereinafter, "Iberomail"), with a view to promoting access under transparent and non-discriminatory conditions, so as to foster effective competition and the interests of users Ĭ) it will unfailingly exercise all its powers of regulation, oversight, monitoring and sanctioning within the scope of its duties, observing, in particular, the provision in Article 38 of Law 17/2012, of 26 April, in its current wording (Lei Postal - Postal Law), concerning access to postal networks. In the first place, this Authority considers it important to point out, without prejudice to the present opinion issued pursuant to Article 35(2) of the LdC, that:Ī) It did not receive any complaint or request for intervention from VASP, but only took note of the communications between that body and CTT and AdC ī) in the exercise of its powers and legal competences, it is currently completing the decision-making process regarding the access points to the CTT postal network (cf. This document constitutes ANACOM's opinion on the said draft decision. In order to respond to the request for an opinion, ANACOM also asked the AdC, by letter of 14 June 2018, to send a copy of the PRC/2015/04 proceedings, which the AdC duly sent to ANACOM as an attachment to their letter of 15 June 2018. Under this procedure, on 17 March 2015, pursuant to the terms and for the purposes of Article 35(1) of the LdC, the AdC:Ī) informed the National Communications Authority (ANACOM) of VASP's complaint and of the decision to open an inquiry andī) requested the opinion of ANACOM on the facts of the case that constitute the subject of the proceedings.ĪNACOM sent the AdC its report by letter dated 29 April 2015, which was supplemented by a letter dated 28 August 2015.īy letter dated, the AdC notified ANACOM of the draft final decision adopted, and asked for the latter’s opinion, pursuant to and for the purposes of Article 35(2) of the LdC, within 10 business days.īy letter dated 12 June 2018, ANACOM asked for an extension of the deadline for replying, which was approved by the AdC and notified by letter dated 14 June 2018 On 13 February 2015, AdC decided to open an inquiry, pursuant to Article 8(1) and Article 17 of Law 19/2012 of 8 May, subject to subsequent amendment (Competition Law, hereinafter "LdC"), to check for the existence of practices prohibited by Article 11 of the LdC and by Article 102 of the Treaty on the Functioning of the European Union. Briefly, according to the complaint, in July 2012 VASP requested access to the CTT postal network, the latter having refused to grant such access. (hereinafter, "CTT") to its postal distribution network. (hereinafter, "VASP") submitted a complaint to the Competition Authority (hereinafter, "AdC") for alleged refusal of access by CTT - Correios de Portugal, SA. In November 2014, VASP Premium - Entrega Personalizada de Publicações, Lda.
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