Where dwarves rise
The Competition Commission is investigating whether Swiss Post is violating its own guidelines
Normally, the Basellandschaftliche Zeitung (bz) is published with a circulation of 26130 copies. Except on Wednesdays, when the bz appears with a large circulation (GA) of 73294 copies. The GA is an important economic mainstay for the bz, as it alone generates around 50 percent of its revenues. For years, publisher Mathis Lüdin has been sending the bz-GA free of charge by mail to all households in the Upper Basel region, even those with stop stickers on their mailboxes.
But now Robert H. Gloor, one of Lüdin's competitors and publisher of the free monthly magazine Regio aktuell (141000 copies), has called on the Weko, which is now examining a preliminary investigation against Swiss Post.
Gloor's lawyer had argued that Swiss Post, as the dominant company in the market, was discriminating against Regio aktuell by granting bz gross delivery, a service that Swiss Post otherwise only grants to official publication organs and voting advertising.
Gloor, whose paper is only distributed net by the Post, had already demanded at the end of last year that the Post discontinue the bz gross distribution. Swiss Post initially promised to do so as of June 1 of this year, but then announced on June 28 that "we consider the Basellandschaftliche Zeitung to be an official publication organ on the basis of a letter from the government council dated December 21, 1999, and therefore grant gross delivery."
bz is not an official organ of publication
What had happened? When the post office informed Lüdin that it would discontinue gross delivery, he turned to the Basel-Landschaft government council. And he issued him a courtesy letter.
The county clerk, Walter Mundschin, does not want to fax the letter to WerbeWoche, but summarizes it as follows: "In it, the government council confirms that the bz publishes, among other things, building permits and other official notices. Nowhere, however, does it say that it is an official publication organ." As a cantonal publication organ, only the official gazette exists anyway, and the bz publications are voluntary, unpaid and incomplete.
But why does Swiss Post still consider the bz an official publication? "I don't know, I don't know the Post's regulations," says Mundschin.
Post press spokesman Hubert Staffelbach was also unable to answer this question by the time of going to press. However, a letter written by Ulrich Gygi, head of the Swiss Post Group, to Regio aktuell on October 25 may shed some light on the matter. In it, he refers to the letter from the government council, which, according to Gygi, states that the bz "serves as an organ for internal and external announcements". The bz - a PR sheet of the government council?
Be that as it may, for Eric Send of the Foundation for Consumer Protection, one thing is certain in this case as well: "A newspaper is clearly a commercial product, so the stop sticker must be taken into account. If Swiss Post does not do this, it is unacceptable".
But bz and Swiss Post are not alone. Until the beginning of 2000, Olten-based Dietschi AG also had its Oberbaselbieter Zeitung (OZ) distributed gross by the Post subsidiary Direct Mail Company. In addition, the OZ called itself the "Official publication organ in the districts of Waldenburg, Liestal and Sissach".
However, this is only the case for a few municipalities. When Regio aktuell filed a criminal complaint, the OZ quickly deleted the word "official" and dispensed with the gross distribution. As a result, the complaint was withdrawn.
VSGZ hopes for a level playing field with the Weko proposal
Other publishers also disregard the stop stickers on mailboxes. "Almost all free newspapers do gross distribution through their own distribution organizations, and so do we," Willy Grüninger freely admits. Grüninger is president of the Association of Swiss Free Newspapers (VSGZ) and publisher of Schaffhauser Bock and Winterthurer Woche.
For a long time, he had stuck to the stop stickers, but people with stickers on their mailboxes - in Winterthur, this is about 50 percent - kept complaining because they didn't receive the newspaper. That's why he introduced gross distribution. So far, fewer than 300 people have complained in Winterthur, and around 150 in Schaffhausen.
Even if readers have to struggle to get their newspaper now and then, the VSGZ president welcomes the move. "The Post does not have a clear line. Although it has regulations, it does not adhere to them, depending on the customer." Grüninger is aware that a possible Weko decision could also affect him and the VSGZ. "But the main thing is that everyone has a level playing field," he says.
