The Swiss ComCo closes proceedings without further action against a Swiss individual with a formerly controlling stake in companies investigated for a possible abuse of a dominant position

Swiss Competition Commission rejects liability of a natural person with a controlling shareholding in companies under cartel investigation* On November 18, 2013, the Swiss Competition Commission (ComCo) closed proceedings without further action against a Swiss individual with a formerly controlling stake in companies investigated for a possible abuse of a dominant position under the Swiss Cartel Act (CartA). The decision clarifies the applicability of Swiss competition law to individual personal shareholders in an undertaking. According to the ComCo, if an individual exercises control over a company and, in addition, is actively involved in its management, this, on its own, does not entail qualification as an undertaking within the meaning of the CartA. For the CartA to apply, the

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Authors

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

Quotation

Frank Bremer, Marcel Meinhardt, The Swiss ComCo closes proceedings without further action against a Swiss individual with a formerly controlling stake in companies investigated for a possible abuse of a dominant position, 18 November 2013, e-Competitions Bulletin November 2013, Art. N° 64052

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