The NMa has applied the failing firm defence principles as laid down in the European Commission's horizontal guidelines[10] in its decision to approve the acquisition of postal company Selekt Mail by competitor Sandd. As a result of the acquisition, only two players will remain active in the national market for addressed business mail, possibly resulting in increased mail delivery prices.[11]

Sandd and Selekt Mail have a combined market share of 15% in the market for addressed business mail, with TNT Post[12] being the only other player active in this national market. According to the NMa's  decision, regional players only having a limited disciplinary impact on the two remaining national players and the buyer power of postal service customers will only to a limited extent act as countervailing factors to the increased market power resulting from the transaction. On this basis, the NMa concluded that the transaction could lead to a price increase of postal services, at least in the short-term. The NMa nevertheless approved the acquisition, as there was no causal link between the proposed transaction and the possible deterioration of the competitive structure in the market because: (i) Selekt Mail will inevitably exit the Dutch market because of financial reasons, and (ii) no less anti-competitive alternatives to the acquisition exist.