The Swiss Competition Commission fines car manufacturer for preventing parallel imports by prohibiting its authorised dealers within the EEA from selling new cars to customers located in Switzerland (BMW)

Introduction On May 7, 2012, the Swiss Competition Commission made the most striking of a series of decisions regarding vertical restraints leading to the condemnation of BMW to the payment of a fine of CHF 156'868'150, that is approximately € 130'000'000. The case is about the refusal by BMW agents located in the European Economic Area to sell new cars to Swiss residents. In the opinion of the Swiss Competition Commission (hereafter "ComCo") this is a violation of Article 5(4) of the Swiss Cartel Act prohibiting agreements regarding the allocation of territories in so far as sales by other distributors into these territories are excluded. At first sight, and except for the relatively high penalty, this may look to most competition law practitioners like another plain territorial

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Kobel Attorney

Quotation

Pierre Kobel, The Swiss Competition Commission fines car manufacturer for preventing parallel imports by prohibiting its authorised dealers within the EEA from selling new cars to customers located in Switzerland (BMW), 7 May 2012, e-Competitions Bulletin May 2012, Art. N° 49633

Visites 626

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues