Under Swiss law, agreements containing vertical price fixing are presumed to suppress effective competition and, consequently, to be illegal (Art. 5(4) Cartel Act, hereafter “CartA”, and Art. 10(1) Communication on vertical agreements, hereafter “ComVert”). The presumption cannot be rebutted if the (...)

On December 19th, 2008, the Swiss Parliament adopted the principle of regional exhaustion in the Swiss Patent Act. Practically, this means that parallel importation into Switzerland of products that are patent-protected in this country will be possible, under the condition that these products (...)

On the 25th August 2008, Schaeffler KG (hereafter, “Schaeffler”) informed the Secretariat of the Swiss Competition Commission (hereafter, “Comco”) about its public takeover bid on Continental. Together with this information, Schaeffler asked for a pre-implementation eventually under conditions. By (...)