Federal Administrative Court PostCom must investigate Swiss Post's private-sector activities

The Federal Postal Commission PostCom has wrongly failed to act on supervisory complaints from the companies Abacus Research and Goldbach Neo OOH. This was decided by the Federal Administrative Court.

The companies consider Swiss Post's private-sector activities outside the universal service through its subsidiaries ePost Services and Livesystems to be unlawful.

The Federal Administrative Court ruled in favor of the complainants in four rulings published on Friday. In doing so, it clarified fundamental legal issues relating to Swiss Post's private-sector activities.

It ruled that the complainants should not be denied party status in the proceedings per se. If private companies were to justifiably demonstrate that a state-owned company does not have a sufficient legal basis for a certain private-sector activity or is not acting in a competitively neutral manner, there is a particular closeness to the relationship.

SDA