91999E1752

WRITTEN QUESTION E-1752/99

by Olivier Dupuis (TDI) to the Commission

(1 October 1999)

Subject: Supplements to daily newspapers and consumers' rights

A growing number of daily newspapers in certain countries of the European Union sell weekly supplements. These supplements are sold on a given day of the week together with the normal edition of the newspaper, the price of which is far higher on that day. Regular and occasional readers of the newspaper concerned have no possibility of agreeing or declining to buy the supplement.

Does the Commission not take the view that these practices violate consumers' rights in that they oblige them to buy two clearly distinct products?

Does the Commission not take the view that the concept of a supplement should imply that consumers are free to decide whether or not they wish to purchase it by paying extra, but that the consumer should in any case retain the right to purchase only the basic product (the daily newspaper) at the same price as on the remaining days of the week?

What measures has the Commission taken or will it take to guarantee the right of consumers in this respect?

Answer given by Mr Monti on behalf of the Commission

(8 November 1999)

Unilateral decisions concerning the price of newspapers, including the sale of weekly supplements together with the normal edition at a higher price, depend essentially on the free commercial choice of each publisher and do not normally come under the competition rules of the Treaty, which prohibit restrictive agreements (Article 81 EC, former Article 85) and the abuse of a dominant position (Article 82 EC, former Article 86).

In the event, it would appear that the higher price of newspapers sold with a supplement does not correspond to a concerted practice among publishers of daily newspapers in all Member States. In some cases the inclusion of the weekly supplement entails only a modest price increase or may even be free of charge. Coordinated behaviour by all newspaper publishers with a view to adopting the same possibly restrictive practice regarding the weekly supplement cannot therefore be demonstrated.

Further, since daily newspapers are at issue here rather than specialised publications, which, being particularly authoritative in the area they cover, might more easily enjoy a very powerful position on the market, no abuse of a dominant position can apparently be inferred. In general, a daily newspaper sold with a supplement at a higher price is in competition in each Member State with other daily newspapers which may or may not charge for the weekly supplement and is not therefore in what could be considered to be a dominant market position, and this condition has to be met before Article 82 can be applied.

Accordingly, the practice described by the Honourable Member regarding the sale of daily newspapers does not fall within the scope of Community competition law.