Marcel Meinhardt

Competition Commission penalises German tobacco company for territorial restrictions in distribution agreements* The Competition Commission (ComCo) has once again imposed penalties on a foreign company for including/maintaining absolute territorial protection clauses in its distribution (...)

ComCo clarifies new rules on market power* Introduction In March 2021, Parliament adopted the counterproposal to the so-called "fair price initiative", which in particular provided for a revision of the provisions of the Federal Act on Cartels and other Restraints of Competition (CartA). As a (...)

Federal Supreme Court examines margin squeeze under Swiss competition law* Introduction On 9 December 2019 the Federal Supreme Court confirmed that Swisscom AG and Swisscom (Schweiz) AG (together, Swisscom) had abused its dominant position by charging abusive prices for wholesale broadband (...)

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 CHF 140’000. The fine was rather low, as Stöckli had filed a leniency application, albeit after ComCo (...)

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 subsidiary Ticketcorner AG and Starticket AG. The Federal Supreme Court thereby clarifies that (...)

Landmark judgments of Swiss Courts on the protection of business secrets and access to files in cartel cases* 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 (...)