Düsseldorf, 19 January 2012. Linklaters successfully represented Deutsche Post AG in legal proceedings against its competitors 1&1-Internet AG and 1&1 Mail & Media GmbH. At the end of November, the Higher Regional Court (Oberlandesgericht) of Düsseldorf decided that Deutsche Post AG is not obliged to provide identification services to its competitors in the area of secure e-mail communications (De-Mail).
The Postident procedure provides clients of Deutsche Post AG with the possibility to securely identify persons, e.g. within the context of the conclusion of an agreement for banking and telecommunications services. 1&1 intended to use Postident for the identification of its De-Mail clients, too. De-Mail is a special e-mail service to bindingly and confidentially transfer electronic messages in the future. Already since mid-2010, Deutsche Post AG as well offers a secure e-mail service, known as E-Postbrief.
As the court of first instance, the Regional Court (Landgericht) of Cologne took the view that, by its refusal, Deutsche Post AG would violate competition law. The First Cartel Division (1. Kartellsenat) of the Higher Regional Court of Düsseldorf reversed this decision and has now decided that Deutsche Post AG does not have to provide this procedure to its competitors. The refusal is neither abusive nor discriminatory and therefore not anticompetitive. The market is not foreclosed, because the two competitors can resort to other service providers for the identification service. The Division did not allow a second appeal. The decision is legally binding by now.
Linklaters advises Deutsche Post AG on an ongoing basis, in these proceedings advice was provided by Dr Carsten Grave and Dr René Grafunder (both competition/antitrust, Düsseldorf).
