The Swiss Federal Court rules on the protection of business secrets and access to files in cartel cases (Nikon)

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 business communication subject to publication In 2011, the Swiss Competition Commission (“ComCo”) imposed a fine on Nikon for suspected violations of Swiss competition law. [1] Nikon appealed the decision [2] and in a separate proceeding also its publication [3] before the Swiss Federal Administrative Court. The publication contained verbatim quotes of self-incriminating and partly pejorative e-mail communication between employees as well as between employees and external partners. Nikon was

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Authors

  • Schellenberg Wittmer (Zurich)
  • Lenz & Staehelin (Zurich)

Quotation

Frank Bremer, Marcel Meinhardt, The Swiss Federal Court rules on the protection of business secrets and access to files in cartel cases (Nikon), 26 May 2016, e-Competitions Bulletin May 2016, Art. N° 81637

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