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Latest Developments on Vertical Agreements in Swiss Competition Law
Marcel Meinhardt and Astrid Waser, Lenz & Staehelin, Switzerland The Swiss Federal Administrative Court (“FAC”) recently passed two new judgments on vertical agreements. In the first judgment,...
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Landmark judgements of Swiss Courts on the protection of business secrets and...
In two recent landmark judgements, Swiss Courts have provided important clarifications on the protection of business secrets and access to files in cartel cases. Harmful internal business communication...
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The Federal Administrative Court reverses the sanctions of the Competition...
On 19 December 2017 the Federal Administrative Court issued three judgments reversing the sanctions against the producers Pfizer, Eli Lilly and Bayer imposed by the Competition Commission which totaled...
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Proposal to tighten up the Swiss Cartel Act
The Federal Council aims at tightening up the Cartel Act in order to combat the foreclosure of the Swiss market and the price discrimination against Swiss corporate customers. For this purpose, the...
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Joint Venture-Party Legitimised to Lodge Sole Complaint Against ComCo’s...
In its decision of June 24, 2019, the Federal Supreme Court affirms Ticketcorner Holding AG’s sole legitimacy to lodge a complaint against ComCo’s prohibition of the merger between its wholly-owned...
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Low fines for vertical price fixing against Swiss ski manufacturer after...
Introduction The Swiss Competition Commission (“ComCo”) fined Stöckli Swiss Sports (“Stöckli”), a Swiss manufacturer of Skis and other sport products, for vertical price fixing with its dealers with...
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The Secretariat of the Swiss Competition Commission (“ComCo”) advises on the...
Under Swiss law, a proposed concentration triggers a mandatory pre-merger notification if one of the undertakings concerned was held dominant, irrespective of the statutory turnover thresholds. It was...
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Main Developments in Competition Law and Policy 2020: Switzerland
2020: Business as usual (more or less) While over the past year COVID has had a major impact on our lives in many areas, it left Swiss competition law practice refreshingly unimpressed. In late March...
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ApplePay proceedings lead to clarification on Nemo Tenetur in Competition Law
Early April, the Federal Supreme Court clarified controversial questions regarding the privilege against self-incrimination in Competition Law Proceedings in three much-noticed decisions (2C_383/2020,...
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New Swiss Supreme Court decision reshapes assessment of lawful price...
The Swiss Federal Supreme Court (the “Court”) found in its decision of February 4, 2021, 2C_149/2018 (the “Decision”) that Pfizer Ltd. (“Pfizer”) had entered into an unlawful vertical price agreement...
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Interim Measures in Competition Law – Curse or Blessing?
Interim measures are back on the Swiss Competition Commission’s radar, especially in dominance cases. The background of this latest development is the authority’s desire to accelerate its proceedings...
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Main Developments in Competition Law and Policy 2021 – Switzerland
2021: Less case law, more legislation While the year 2021 was a rather unspectacular year regarding relevant new case law, the legislative made sure it provided for quite noteworthy developments in...
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Swiss Foreign Investment Control on the Horizon – Federal Council Issues...
Switzerland is one of the world’s largest recipients of foreign investments – but does not yet have a general regime for the systematic screening of foreign investments. As mandated by Parliament, the...
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Competition Law: Revision of the Swiss Vertical Notice
Following the revision of the Vertical Block Exemption Regulation in the European Union, the Swiss Competition Commission is now also proposing to amend its Vertical Notice and Guidelines. Although the...
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New Agreement Boosts Cooperation Between Swiss and German Competition...
New Cooperation Agreement On November 1, 2022, Switzerland and Germany signed an administrative agreement on cooperation between their competition authorities (“Agreement”). The Agreement is expected...
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Main Developments in Competition Law and Policy 2022 – Switzerland
2022: The Year of Series of Judgments The year 2022 was an eventful year from a Swiss Competition jurisdictional perspective. Case law on unlawful competition agreements/cartels was at the forefront of...
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Revision of Swiss Cartel Act: Federal Council Unveils its Draft Legislation
The Swiss government aims at a partial revision of the Swiss Cartel Act. Now that the consultation process is completed, the Federal Council has unveiled its draft legislation. The revision aims at...
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Recent Swiss Developments on Leniency
Introduction Most recently, the Swiss Federal Administrative Court (the “Appeals Court”) rendered a series of judgments on the Swiss leniency regime. All cases handle suspected unlawful agreements...
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Main Developments in Competition Law and Policy 2023 – Switzerland
The year 2023 was an eventful year from a Swiss Competition perspective. With the merger of the two Swiss banks UBS and Credit Suisse in March 2023, the Swiss financial market and Swiss merger control...
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Swiss Federal Supreme Court Redefines Abuse of Dominant Market Position
In last week’s leading case on the abuse of a dominant position (2C_698/2021), the Federal Supreme Court sweepingly redefines the interpretation of abusive pricing and margin squeezes as well as the...
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