Updated: Sept. 10, 2012 (Initial publication: Sept. 4, 2012)

Breaking news

On 28 August 2012, Switzerland implements the next postal sector Regulation.

http://www.thejournalofregulation.com/spip.php?article1597

The "Confédération Suisse" (Swiss Confederation) has decided to establish a new regulatory system to make more effective liberalization of the postal sector, playing both on competition, the strengthening of the powers of the regulator and the privatization of the incumbent operator. The system entering in place on the 1st of October 2012, the "Conseil Fédéral" (SwissFederal Council) appointed the new board members of the "Poste Suisse (Swiss Post)" as well as those who will lead the new regulator: the Commission de la Poste - PostCom". We observe that these are the former managers of the "Post Suisse".

 © thejournalofregulation

On May 14, 2012, the Switzerland postal regulator published a critical report on the current regulation of the Swiss postal sector, believing that there is not that few competitors to the incumbent operator and that consumers are under-informed. The regulator, in its last report, placed its hopes for the new system that the legislation was implemented. It will come into force on the 1st October 2012, the text having provided for the installation of the new regulator: the "Commission de la Poste". Later, in 2013, the "Poste Suisse" (Swiss Post) will become a limited company, public company whose capital will be mainly controlled by the Swiss Confederation.


Conversely, its banking subsidiary, PostFinance, will become a subsidiary of private law which shares will be placed on the financial market. In this perspective, the "Conseil fédéral Suisse " (Swiss Federal Council) decided on August 28, 2012 to appoint the members of the Board of Directors of the "Poste Suisse" (Swiss Post) for the year 2013-2014. But it is the same people who administered the public bodythat previously have been designated. Similarly, the Federal Council appointed as President Peter Hasler, who is the current president of the Swiss Post.

We recall that in the organization of the PostCom already established, it is true that the President is a former "Conseiller d’Etat" (State Councilor), and the charge of Vice Presidency has been entrusted to the former CEO of General Swiss Post.

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It is surprising to see that the new systems are in fact entrusted to the people that were in place in the former systems. But this is because they hold technical knowledge without which the regulator is powerless and can not actually exercise the powers given to him by law.

So, most often, the Executive borrows from the old system people to form the new system. This is clearly the choice made by Switzerland, both in regard to the new operator in respect of the new regulator. Then ran the risk is of course the capture.

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