The Hague, 2 December 2025

The Authority for Consumers & Markets (ACM) was allowed to refuse PostNL a permit to take over Sandd. The Administrative Jurisdiction Division of the Council of State (CBb) decided this today on appeal. The CBb upheld the Rotterdam District Court ruling (ECLI:NL:RBROT:2023:9009) which declared PostNLs appeal against the refusal unfounded.

Decision-making ACM and minister

In 2019, PostNL applied for a permit under the Competition Act to take over Sandd. The ACM refused this permit. After this refusal, the then Minister of Economic Affairs and Climate (minister) nevertheless granted a permit to PostNL. This permit was annulled by the court (ECLI:NL:RBROT:2020:5122). 
In execution of this ruling, the minister reissued the permit. The CBb also annulled this permit and rejected the permit application (ECLI:NL:CBB:2022:289). In the case now decided, the CBb ruled on the refusal of the permit by the ACM. The ACM refused the permit because the merger of PostNL and Sandd would create a monopoly in postal delivery, which could lead to competition problems.


CBbs Judgment

The CBb assessed whether the ACM had to refuse the permit considering the postal market and PostNLs financial situation at the time of the 2019 decision and the forecasts for expected developments over a three to five year period. This means that facts and developments that occurred afterwards are not relevant for the judgment in this case.

The CBb is of the opinion that the ACM carefully delineated the relevant market. The ACM was entitled to assume that there is a national market for business bulk mail and a national market for single mail, and that digital communication is not part of this. Furthermore, the ACM could assume that if PostNL and Sandd did not merge, Sandd would continue to exert competitive pressure on PostNL for business bulk mail and single mail. The ACM also rightly concluded that PostNL, without the takeover of Sandd, could continue to provide the universal postal service under economically acceptable conditions in the three to five years following the decision.

The takeover of Sandd by PostNL

The merger of PostNL and Sandd was realized in 2019 when PostNL acquired all shares in Sandd. Earlier, the CBb decided that the ministers permit application for this takeover must be rejected. With this CBb ruling, it is now also established that the ACM rightly refused the permit application under the Competition Act. The consequences of this are not addressed in this ruling. It is up to parties involved in the national postal market to determine their position.


This ruling is final; the Administrative Jurisdiction Division of the Council of State (CBb) is the final adjudicator in this case. The full ruling can be consulted via the link below. In case of discrepancy between this press release and the full ruling, the latter is decisive.
For further information, please contact:
Celeste de Wit, press office department, tel. 06 22812976 or CBb Administration 088 362 3910.



Judgments

    ECLI:NL:CBB:2025:629