The Swiss Supreme Court upholds fines against media sales and marketing services group in an abuse of dominance case (Publigroupe)

In a much awaited decision, the Swiss Supreme Court dismissed an appeal directed against the decision of the Swiss Federal Administrative Tribunal confirming a fine of CHF 2.5 million (approximately € 2 million) imposed by the Swiss Competition Commission ("Comco") on Publigroupe for abuse of a dominant position. It is the first time that the Supreme Court confirms such a fine and thus has the opportunity to examine several questions regarding the protection of fundamental rights in accordance with the European Convention of Human Rights ("ECHR") and the Swiss Constitution. A. Background Publigroupe is an international group in media sales and marketing services, based in Switzerland. Its four 100% held subsidiaries, Publicitas, Publimedia, Publimag and Mosse Media, are active in the

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  • University of Geneva

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Julia Xoudis, The Swiss Supreme Court upholds fines against media sales and marketing services group in an abuse of dominance case (Publigroupe), 29 June 2012, e-Competitions Due Process Research Program, Art. N° 51472

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