The Swiss Federal Court confirms the quashing of two merger clearance Competition Commission’s decisions by applying a strict substantive test for merger control (Swissgrid / Berner Zeitung)

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References

Swiss Federal Court, Swissgrid, Decision No. 2A.325/2006, 13 February 2007 (German)

Swiss Federal Court, Berner Zeitung, Decision No. 2A.327/2006, 22 February 2007 (German)

The Swiss Federal Court has dismissed two Competition Commission's appeals relating to merger control (decision of February 13, 2007 (Swissgrid), and of February 22, 2007 (Berner Zeitung). The Swiss Federal Court rulings build a strict standard for merger control in Switzerland by stating the Competition Commission (hereafter referred to as “Comco”) could prohibit or clear a merger with conditions and obligations only when the merger eliminates effective competition in the market. The Swissgrid case concerned a merger in the electricity sector, the second constituted the merger of two Swiss media undertakings in a context of a merger wave in the media

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Pranvera Këllezi, The Swiss Federal Court confirms the quashing of two merger clearance Competition Commission’s decisions by applying a strict substantive test for merger control (Swissgrid / Berner Zeitung), 13 February 2007, e-Competitions February 2007, Art. N° 13402

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