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 services between 2001 and 2007. Swisscom was found to have left its competitors no possibility to gain a sufficient profit margin between the wholesale prices charged by Swisscom and their retail prices (so-called 'margin squeeze'). The court confirmed the Sfr186 million penalty against Swisscom. This was the court's first judgment where it examined a margin squeeze under Swiss competition law. Decision The Federal Supreme Court defined 'margin squeeze' as a particular form of an abusive pricing
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