The authority raised several competition concerns, such as the impact on Cargus customers with ongoing contracts, consolidation of Sameday’s position on the parcel locker market, as well as the risks arising from Sameday’s membership in the eMAG group for other parcel delivery companies and the risk of potential access of eMAG to commercially sensitive information of its rivals.
To eliminate these concerns, Sameday has undertaken a set of commitments. such as committing to fully maintain the commercial terms set out in the contracts concluded by Cargus with its customers for a period of 12 months from the date of issuance of the authorization decision. However, this will not affect the right to unilaterally terminate ongoing contracts, subject to a notice period of at least three months.
Sameday also undertakes to fully divest the activities related to the segment of lockers operated by Cargus to a suitable buyer.
“This measure is structural in nature and aims at the separation and full transfer of the lockers operated by Cargus, so that the new operator can function as an autonomous and viable entity. The divestiture will not include intellectual property rights or assets that are not necessary for carrying out the activity,” the Competition Council says.
In addition, eMAG will publish a transparent and non-discriminatory procedure regarding couriers’ access to the eMAG Marketplace platform. This will include clear access and integration criteria, communication and information rules, objective order allocation criteria (such as cost, delivery times, territorial coverage, and operational efficiency), uniform performance indicators, and general rules governing interactions between eMAG employees and couriers.
To eliminate any possible ambiguities, Sameday undertakes that, within two months from the completion of the transaction, it will inform customers that information of a confidential nature should not be included in the fields associated with the AWB. The company will also implement and expand its internal compliance procedures in order to prevent the transmission to eMAG of commercially sensitive information belonging to customers who are competitors of eMAG. Compliance with these commitments will be monitored, for a period of up to three years, by an independent trustee, who will periodically submit reports to the Competition Council.
(English version by Loredana Fratila-Cristescu)