Benoît Merkt qualified in Neuchâtel in 1994 and in Geneva since 1999. His practice areas are competition and commercial law as well as international non-profit organizations. Benoît is head of the competition group of Lenz & Staehelin in Geneva. He speaks French, English and German. He has been research fellow in European and International Economic Law at the University of Bern. He holds a doctorate in law from Neuchâtel University and a Magister Juris in European and Comparative Law from the University of Oxford. He is lecturer in competition law at the University of Geneva and in the Master in International Law and Economics at the University of Bern.
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The Federal Supreme Court published its judgment regarding Les Editions Flammarion SA in the book market case and excludes the application of the agency privilege to exclusivity clauses partitioning the Swiss market. Investigation of the French-language book market Following an investigation (...)
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I. Introduction 1. On July 2nd, 2007, the Swiss Competition Commission (the “ComCo”) adopted a revised communication on the assessment of vertical agreements (the “Revised Communication on Vertical Agreements” or “Revised Communication”), which replaces the previous communication of February 18th, (...)
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I. Background In a decision of 5 February 2007, the Swiss Competition Commission ("Comco") held that Swisscom Mobile enjoys a dominant position on the market of termination of calls on its mobile phone network and abused its dominant position by applying an excessively high termination rate of (...)
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I. Introduction The aim of this paper is to provide background information about Swiss competition law to which readers will be able to refer in the context of the e-Competitions project. As a reminder, Switzerland is neither a member of the European Union (EU) nor a member of the European (...)
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Un programme de recherche international regroupant des avocats de la défense a été constitué sous l’égide de Concurrences afin de comparer les protections mises en place dans 15 régimes différents pour assurer le respect des droits fondamentaux dans le cadre des investigations informatiques. Une (...)
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Swiss Competition Commission (ComCo), 2 July 2007, Revised communication on the assessment of vertical agreements (Communication sur les accords verticaux du 2 juillet 2007), not yet available in English I. Introduction 1. On July 2nd, 2007, the Swiss Competition Commission (the “ComCo”) (...)
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EC Regulation n° 1/2003 increased the role of arbitrators, ordinary law judges of competition, in the same way than states judges. The meeting between arbitration and competition law nonetheless arises some particular issues due to a natural antagonism between the public order character of (...)
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Competition Inspections in 21 Jurisdictions - A Practitioner’s Guide
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