Dr. Patrick L. Krauskopf is a partner with Agon & Partners. Prior to joining Agon, he was, inter alia, a law clerk with the Swiss Federal Supreme Court, deputy Director as well as Chief International Affairs with the Swiss Competition Commission (COMCO). He regularly lectures on contracts, torts and competition law at the Zurich University (ZHAW) and other universities. He is frequently an expert on competition law with WTO, UNCTAD, ICN and CUTS. During his mandate at COMCO, he led the revision of the Swiss Cartel Act 2003, the Ordinance on Fines and Leniency Program 2004, the Communication on Car Distribution (BER) 2002, and the Communication (BER) on Vertical Restraints 2007. He studied at the Universities of Fribourg and Berkeley (Master, 1991; PhD, 1999) and at Harvard Law School (LL.M., 2005). He is admitted to all Swiss Courts and also to the New York Bar.
1468
I. Summary The Swiss Competition Commission (COMCO) fines Nikon AG a total of 12.5 million CHF because of restrictions on parallel imports of Nikon imaging products. II. Case 1. Parties Nikon AG, Switzerland («Defendant«). The Nikon Group organizes its sales in Europe through its own offices (...)
308
I. Summary The Swiss Competition Commission (COMCO) determines unlawful agreements affecting competition between manufacturers, importers and suppliers of cosmetics and perfumery products. II. Case 1. Parties Defendants Beauté Prestige SA, Zurich; Bergerat SA, Geneva; Bulgari Parfums SA, (...)
726
I. Summary The Swiss Competition Commission fines firms dealing with window and window doors a total of 7.6 million CHF for fixing the date and level of price increases. II. Case A. Parties/market structure Leading procuders of mountings for windows and window doors Roto Frank AG, Germany (...)
994
I. Summary The Swiss Federal Administrative Court overruled a judgment rendered by the Swiss Competition Commission imposing a fine of CHF 333 M on Swisscom Mobile for abusing its dominant position by improperly enforcing inflated prices for mobile termination. II. Case 1. Parties Swisscom (...)
1882
Description of the impugned case Three pharmaceutical manufacturers issued recommended retail prices (RRP) which were integrated into a widely used IT-Database or/and communicated to all resellers (e.g. pharmacies). 63% of all resellers adopted a pricing policy according to the price (...)
842
Description of the impugned case Felco, a manufacture of garden shears and hedge clippers (with 75-85 % market share among professional users), and Landi, a distributor, entered into an agreement on directly fixed retail price. In this atypical case, the agreement enabled Landi to sell the (...)
769
Description of the impugned case After almost 10 years of procedure, including two full scale appeal procedures up to the Supreme Court, the so called Sammelrevers 1993 covering the entire distribution for books in Switzerland with a Straightforward Resale Price Maintenance (RPM) system was (...)
695
Description of the impugned case The so called Sammelrevers für Musiknoten covering the entire distribution for scores of musical work in Switzerland with a Straightforward Resale Price Maintenance (RPM) system was declared unlawful. The RPM system was enforced among parties with penalties (...)
5856
On 1 April 2004, the partial revision of the Swiss law on cartels and other restrictions of competition (New Act) came into force (1). This revision fine-tunes the modern law of 1995 (2) adopted following the refusal of the Swiss people and the cantons to join the European Economic Area in (...)
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