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The Swiss Federal Supreme Court publishes reasons for its judgment in Colgate-Palmolive Europe

Major re-interpretation of Swiss competition law: price-fixing, quantity limiting and market allocating agreements are per se illegal regardless of effect and may lead to direct sanctions* On 21 April 2017, after almost 10 months, the Swiss Federal Supreme Court published reasons for its judgment of 28 June 2016 in the matter of Colgate-Palmolive Europa Sàrl (former Gaba International AG). With a majority of 3 to 2, the Federal Supreme Court rejected an appeal made against the judgment of the Swiss Federal Administrative Court (FAC) and confirmed the Swiss Competition Commission’s (COMCO) 4.8 million Swiss Franc sanction against Gaba. COMCO imposed the sanction in November 2009 because Gaba had contractually obliged its Austrian licensee (Gebro) not to export certain products out of

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Nicolas Birkhäuser, Alessandro Stanchieri, The Swiss Federal Supreme Court publishes reasons for its judgment in Colgate-Palmolive Europe, 21 April 2017, e-Competitions Bulletin April 2017, Art. N° 84192

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