Is Amazon a postal operator? The answer lies in the hands of the Supreme Court

He The Supreme Court will decide whether Amazon becomes a postal operator and must comply with the obligations linked to this condition or, on the contrary, by not intervening in the shipments once they are sent, it is a purely commercial agent.

In a car dated March 20 that the agency had access to EFEthe Trial Chamber will examine the prosecution’s arguments in order to determine whether or not an undertaking whose activity consists of preparing and processing goods for postal dispatch without subsequently intervening in those consignments can be considered a provider of postal services.

In 2020, the National Market and Competition Commission (CNMC) agreed to initiate proceedings to determine whether the circumstances existed in which Amazon could be considered a postal operator, based on alleged indications that the company led by Andy Jassy as part of its e-commerce activities, provided services that would be considered postal services.

The Commission decided in September of the same year that the subsidiaries Amazon Spain Fulfillment and Amazon Road Transport met the requirements to be considered postal operators, which entailed some regulatory consequences – from the submission of the relevant responsible declaration in order to be able to be registered, to publish the prices applicable to deliveries. The The regional court came to the conclusion that only the execution of logistics and transport tasks, but not the parcel delivery, had been proven..

The Spanish Law on the Universal Postal Service, User Rights and the Postal Market (LSPU) states that a company can be classified as a “postal service provider” if its activity consists in the provision of at least one of these services: debt collection, classification and distribution of goods.

To clarify whether Amazon is a postal operator or not, the Supreme Court must analyze this Universal Postal Service Act of 2010the rights of users and the postal market and the Decree of 1999 approving the rules for the provision of postal serviceswhich in turn develops the Universal Postal Service and Postal Services Liberalization Act 1998. You should also consider the n2018 European Community Regulation on Cross-Border Parcel Services.

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Historically good

The other legal front that Amazon has with the Commission is related to this historically good of 194.15 million euros imposed by the organization various companies from the Amazon and Apple corporations due to the agreement and implementation of certain restrictions on competition on the Amazon marketplace in Spain, which affect third-party sellers of Apple products and competing products of the apple company.

TO Amazon Services Europe Sarl, Amazon Europe Core Sarl and Amazon EU Sarl Since then, a total of 50.5 million euros have been demanded from them Apple Distribution International Ltd (Ireland) and Apple Inc (USA) 128.6 or 15 million euros were demanded. As outlined by the regulator, both companies agreed to include a number of clauses in the contracts that govern Amazon’s terms as an Apple retailer, relating to the sale of Apple products and other brands on the Amazon website in impact Spain.

On the one hand, they “unjustifiably” limited the number of resellers of Apple products on the Amazon website in Spain and, on the other hand, they limited the advertising spaces in which competing Apple products can be advertised on the Amazon website in Spain. In addition, according to the CNMC, they restricted the possibility of Amazon directing marketing campaigns on its website in Spain to customers of Apple products in order to offer them competing products from other brands.

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