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.  Nikon appealed the decision  and in a separate proceeding also its publication  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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