Search results - Concurrences

20 Oct 2020 B

The Swiss Competition Authority imposes a fine for an abuse of dominant position in the market for ice hockey broadcasting (UPC)

David Hull, Laura Lehoczky-Deckers • October 2020

On 20 October 2020, the Swiss Competition Commission (“COMCO”) fined UPC (a group member of Liberty Global) CHF 30 million for abuse of dominance for refusing to supply live broadcasts of the Swiss Ice Hockey Championship to Swisscom. UPC was found to be dominant on the basis of its exclusive (...)

20 Oct 2020 B

The Swiss Competition Authority fines cable operator for abusing broadcasting rights (UPC)

Swiss Competition Authority • October 2020

COMCO: UPC abused ice hockey broadcasting rights* The Competition Commission (COMCO) fines UPC by around CHF 30 million. In 2016, UPC acquired broadcasting rights for games of the Swiss Ice Hockey Championship. It refused to supply Swisscom with broadcasts of live ice hockey for years. This (...)

1 Sep 2020 R

Isabelle Berger-Steiner (Nivalion): Funding competition claims – What is the impact of the Covid-19 crisis?

Isabelle Berger-Steiner, Marc Barennes • N° 3-2020 • pp. 16-18

Interview conducted by Marc Barennes, CDC Cartel Damage Claims, Luxembourg. As a follow-up to the first interview with a litigation funder I carried out last year, it is my pleasure this year to interview Dr Isabelle Berger-Steiner, a Director and Head of Switzerland, France & Benelux with (...)

1 May 2020 R

Competition law and health crisis

Frédéric Jenny, Christian Ahlborn, Jeremy Bacharach, Christoph Barth, Christian Bovet, Marcel Boyer, Jacques Buhart, Maria Pilar Canedo Arrillaga, Michèle Carpagnano, Daniel Crane, Aymeric de Moncuit, Valentine Delaloye, Jacques Derenne, David-Julien dos Santos Goncalves, David Gabathuler, Mark Griffiths, Leigh Hancher, David Henry, Pierre Horna, David Kupka, Siún O’Keeffe, Christian Ritz, Giulio Cesare Rizza, Matthias Schlau, Mario Siragusa, Anastasia Usova, Faustine Viala, Masako Wakui • N° 2-2020

The unexpected shock provoked by the Covid-19 crisis and the measures taken to limit the spread of the pandemic have affected the functioning of many markets. Throughout the world, competition authorities which, in the last decade, had been enforcing their laws in the context of steady economic (...)

11 Mar 2020 eB

Richard Whish QC (Hon) Liber Amicorum Excess Baggage? – Airfreight’s Varied Contribution to Our Legal Landscape

Vivien Rose

365 Excess Baggage? – Airfreight 's Varied Contribution to Our Legal Landscape the right hon daMe vivien rose dBe*1 Royal Courts of Justice Abstract When Lufthansa Cargo AG submitted its leniency application to the European Commission in December 2005, it could hardly have foreseen that the pricing (...)

9 Dec 2019 B

The Swiss Federal Supreme Court confirms and defines margin squeeze as a particular form of abusive pricing strategy in the telecommunication market (Swisscom)

Marcel Meinhardt, Suzan Hacisalihzade • December 2019

Federal Supreme Court examines margin squeeze under Swiss competition law* Introduction On 9 December 2019 the Federal Supreme Court confirmed that Swisscom AG and Swisscom (Schweiz) AG (together, Swisscom) had abused its dominant position by charging abusive prices for wholesale broadband (...)

1 Nov 2019 R

Gun Jumping in Merger Control. A Jurisdictional Guide, Catriona HATTON, Yves COMTOIS and Andrea HAMILTON (dir.), foreword by Richard WHISH

Richard Whish • N° 4-2019 • pp. 234-235

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

6 Sep 2019 eB

Gun Jumping in Merger Control: A Jurisdictional Guide SWITZERLAND

SWITZERLAND David Mamane and Amalie Wijesundera (Schellenberg Wittmer) Gun Jumping In Merger Control 347 Part 1: Merger Control and the “Standstill Obligation” Please identify the relevant merger control legislation in your jurisdiction. Please provide a link to the relevant legislation (if (...)

19 Aug 2019 B

The Swiss Competition Commission fines a manufacturer of sport products for vertical price fixing with dealers (Stöckli)

Marcel Meinhardt • August 2019

Introduction The Swiss Competition Commission (“ComCo”) fined Stöckli Swiss Sports (“Stöckli”), a Swiss manufacturer of Skis and other sport products, for vertical price fixing with its dealers with CHF 140’000. The fine was rather low, as Stöckli had filed a leniency application, albeit after ComCo (...)

24 Jun 2019 B

The Swiss Federal Supreme Court affirms a major ticket sale company’s sole legitimacy to submit a complaint against the Competition Commission’s prohibition of the merger between its wholly owned subsidiary and another company (Ticketcorner Holding / Tamedia)

Marcel Meinhardt • June 2019

In its decision of June 24, 2019, the Federal Supreme Court affirms Ticketcorner Holding AG’s sole legitimacy to lodge a complaint against ComCo’s prohibition of the merger between its wholly-owned subsidiary Ticketcorner AG and Starticket AG. The Federal Supreme Court thereby clarifies that (...)

1 Sep 2018 R

Agriculture and competition law, towards reconciliation?

Caroline Bellone, Catherine Prieto, Daniel Fasquelle, Jean-Christophe Grall, Julia Xoudis, Juliette Thery-Schultz, Léna Sersiron, Marie-Alice Fasquelle-Leonetti, Romain Travade • N° 3-2018 • pp. 19-43

What was implicit, and has been established in November 2017 by the Court of Justice in the judgment on endives, has been specifically laid down by the European legislator in the omnibus regulation of December 2017: the prohibition on cartels does not apply to producer organizations and (...)

16 May 2018 R

Revision of commitments: The General Court of the European Union considers that the European Commission did not sufficiently examined the request of an airline company to revise engagements taken (Lufthansa)

Alain Ronzano • N° 3-2018

Where an undertaking, which has accepted remedies, particularly of a behavioural nature, in order for a merger to be cleared by the Commission, seeks the lifting of all or part of these commitments, what elements must that undertaking put forward in order to obtain a review of the commitments (...)

6 Mar 2018 R

Jurisdiction: The Paris Court of Appeal approves lower court that declined its jurisdiction since services were actually supplied by the commercial agent in Italy, even if he simultaneously operated his activity in Italy, in France and in Switzerland (North & South / B. Design AB)

Dominique Ferré • N° 2-2018 • P. 92

A company incorporated under Swedish law wished to develop its sales in Italy and had offered a company domiciled in France to be its commercial agent, without the relationship being formalised in a written contract. Following disputes between the parties, the principal had terminated the (...)

1 Feb 2018 R

Droit de la concurrence – Competition Law, Christian BOVET, Patrik DUCREY and Benoît MERKT (dir.)

Stéphane Rodrigues • N° 1-2018 • p. 246

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

24 Oct 2017 B

The Swiss Federal Tribunal renders a judgement taking a hard line on vertical restraints (BMW)

Adrien Alberini • October 2017

In the wake of its much-awaited decision in the Gaba case, the Swiss Federal Tribunal – the highest Court in Switzerland – handed down its BMW judgment. Both cases concern vertical restraints (absolute territorial protection) and put an end to an issue that has been widely debated, namely whether (...)

1 Sep 2017 R

Switzerland: Prohibition of parallel imports and market integration - The role of the “effects doctrine” and the development of the substantive laws

Pranvera Këllezi • N° 3-2017 • pp.185-192

Possible effects in Switzerland are sufficient to assert jurisdiction of Switzerland over conduct taking place outside Switzerland. The Supreme Court adopted a broad definition of the territorial scope of the Cartel Act, by not only refusing, but also prohibiting, to consider any level of (...)

12 Jun 2017 R

Switzerland: The Swiss Competition Commission publishes guidelines about the interpretation of vertical agreements and modifies its previous Communication regarding vertical arrangements following the GABA ruling of the Swiss Supreme Court (GABA)

Pierre Kobel • N° 3-2017 • pp. 176-178

On 27 June 2017, ComCo published on its website two new texts, namely an amendment to its "Notice on the assessment of vertical agreements (Notice on Vertical Agreements, CommVert), ComCo decision of 28 June 2010", and an "Explanatory Note on the Notice on the assessment of vertical agreements (...)

21 Apr 2017 B

The Swiss Federal Supreme Court publishes reasons for its judgment in Colgate-Palmolive Europe

Alessandro Stanchieri, Nicolas Birkhäuser • April 2017

Major re-interpretation of Swiss competition law: price-fixing, quantity limiting and market allocating agreements are per se illegal regardless of effect and may lead to direct sanctions* On 21 April 2017, after almost 10 months, the Swiss Federal Supreme Court published reasons for its (...)

26 Sep 2016 R

Switzerland: The Swiss Supreme Court confirms that tax authorities may refuse to operate a deduction with sentences of criminal nature already imposed on legal persons, which could cover competition law fines (AC Treuhand)

Pierre Kobel • N° 3-2017 • pp. 178-179

These are the latest developments in Switzerland in a case which has occupied the European Union authorities for many years and which concerns the unlawfulness of the participation of a third party, not active on the relevant market, in the management and operation of the tin stabilisers (...)

28 Jun 2016 R

Switzerland: The Swiss Supreme Court offers an interpretation of the legal presumptions of illegality set forth in the Swiss Cartel Act leading to the recognition of infringements by object, which may be sanctioned unless justified on grounds of economic effectiveness (Colgate-Palmolive ; Gebro Pharma)

Pierre Kobel • N° 3-2017 • pp. 174-176

It took the Federal Supreme Court almost nine months to publish the recitals of the decision taken in principle and after a public hearing on 28 June 2016, since it was only on 21 April that these two rulings were made public on the Federal Supreme Court’s website. The decision undertaken and (...)

13 Nov 2015 R

Switzerland: The Federal Administrative Court applies different standards in relation to hardcore vertical restraints (BMW, Altimum)

Pierre Kobel • N° 2-2016 • pp. 236-237

Last year, the Federal Administrative Court (hereinafter "the FAT"), the court with the power to review decisions of the Competition Commission (hereinafter "the Comco") with full jurisdiction, issued two rulings in the area of vertical agreements, one relating to a territorial restriction and (...)

6 Nov 2015 R

Online booking platforms: The Swiss Competition Commission forbids FMN clauses but refuses to sanction online travel agencies (Booking/Expedia/HRS)

Alain Ronzano • N° 1-2016

COMCO, decision of 6 November 2015 (Booking/Expedia/HRS) On November 6, 2015, the Swiss Competition Commission - COMCO - announced that it had terminated its investigation into the contractual practices of the three leading online travel agencies ("OTA" or Online Travel Agency), Booking.com, (...)

19 Oct 2015 R

Switzerland: The Swiss Competition Commission bans parity clauses used by the three largest hotel online booking platforms (Hotel online booking)

Julia Xoudis • N° 2-2016 • pp. 232-235

The Swiss Competition Commission ("Comco") opened an investigation on 11 December 2012 against the three largest online hotel booking platform operators, Booking.com, Expedia and HRS. The investigation focused on the parity clauses, relating to rates, room availability and accommodation (...)

23 Sep 2015 eB

Ian Forrester - A Scot Without Borders Liber Amicorum Vol. I Copyright and human rights

255 Ian S. Forrester | A Scot without Borders - Liber Amicorum - Volume I Copyright and human rights DEAN SPIELMANN I. Copyright in a ‘human rights context’ Introductory remarks I an, to whom I am pleased to dedicate this contribution, loves music, literature and art, and he has always been (...)

29 Jun 2015 R

Switzerland : The Swiss Competition Commission adopts a new Communication regarding the assessment of vertical arrangements in the motor vehicle sector

Pierre Kobel • N° 4-2015 • pp. 224-227

On 29 June 2015, the Swiss Competition Commission (hereafter “COMCO”) adopted a Communication regarding the assessment of vertical arrangements in the motor vehicle sector (hereafter “CommAuto”) and a related Explanatory note (hereafter “the CommAuto Explanatory Note”) (...)

28 Jan 2015 R

Switzerland : The Swiss Federal Court confirms the enforcement of the cartel law to the sale of prescription medications and annuls the judgment of the Federal Administrative Court (Pfizer, Bayer, Eli Lilly)

Pranvera Këllezi • N° 2-2015 • pp. 203-204

TF Switzerland, 28 Jan. 2015, aff. 2C_75/2014 (Pfizer), 2C_80/2014 (Bayer (Schweiz)) and 2C_79/2014 (Eli Lilly (Switzerland))» On January 28, 2015, the Swiss Federal Court ruled on an important case concerning the application of the Cartel Act (hereafter LCart; SR 251) to certain practices (...)

1 Dec 2014 R

EU - Switzerland : The European Union and Switzerland reach the agreement concerning the application of their competition laws entering into force on the 1st of December 2014

Pierre Kobel • N° 2-2015 • pp. 210-214

Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws, OJ L 347/57 p. 3 The Agreement between the European Union and Switzerland concerning cooperation on the application of their competition laws came into force on (...)

1 Dec 2014 B

The EU and Switzerland conclude an agreement to structure and facilitate the cooperation between Competition Authorities

European Competition Network Brief • December 2014

Swiss Cooperation Agreement on Competition Enforcement Enters into Force* On 29 September 2014, the Cartel Division of the Antimonopoly Office (AMO) initiated administrative proceedings against three undertakings for their suspected participation in a cartel agreement relating to public (...)

12 Nov 2014 B

The US, British and Swiss regulators fine five banks for their conduct on FX markets (FX Cartel)

Anthony Maton, Laurent Geelhand • November 2014

The Foreign Exchange (“FX”) market is the largest financial market in the world, with a daily average turnover of $5.3 trillion, 40% of which takes place in London. An important part of the FX market derives from the financial activities of investment vehicles seeking to protect themselves from (...)

19 Dec 2013 R

Parallel trade: The Swiss Federal Administrative Court confirms the fines imposed by the Competition Authority to a Swiss toothpaste manufacturer and its Austrian licensor due to anticompetitive agreement on parallel trade (Gaba International, Gebro Pharma)

Julia Xoudis • N° 2-2014 • pp. 215-218

Federal Administrative Court, judgments of 19 December 2013, Gaba International v. Competition Commission, B-506/2010, CPD 2013/4 750; Gebro Pharma v. Competition Commission, B-463/2010, CPD 2013/4 808 The Federal Administrative Court (’TAF’) dismissed the actions of Gaba International SA (...)

19 Dec 2013 B

The Swiss Federal Administrative Court upholds fines imposed by the Competition Authority to a toothpaste manufacturer and licensor and its distributor and licensee for prohibiting parallel imports from Austria to Switzerland (Gaba International)

Dominique Guex • December 2013

Background and Court decision Back in 2009, the Swiss Competition Commission (COMCO) hit Gaba International AG – an undertaking part of the Colgate-Palmolive Group and manufacturer of the toothpaste brands Elmex and Meridol – with a CHF 4.8 mio (about EUR 3.9 mio) fine for restricting passive (...)

3 Dec 2013 R

Regulated sectors: The Swiss Federal Administrative Court declares that the Swiss Cartel Act does not apply to certain prescription drugs that are not covered by health insurance (Pfizer, Eli Lilly, Bayer)

Pranvera Këllezi • N° 2-2014 • p. 218

Federal Administrative Court, Judgments of 3 December 1013, Pfizer, Eli Lilly (Switzerland), Bayer (Schweiz) v. Competition Commission, B-364/2010, B-362/2010 and B-360/2010, DPC 2013/4 704 In three much-awaited rulings, the Federal Administrative Court has upheld the appeals of the three (...)

18 Nov 2013 B

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

Frank Bremer, Marcel Meinhardt • November 2013

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 (...)

1 Sep 2013 R

Droit de la concurrence : loi sur les cartels, loi sur la surveillance des prix, loi sur le marché intérieur, loi sur les entraves techniques au commerce

Walter Stoffel • N° 3-2013 • p. 214

This commentary covers the entire body of competition law governing the markets: not only the Cartel Act (LCart), but also the Act on Price Supervision (LSPr), the Act on the Internal Market (LMI) and the Act on Technical Barriers to Trade (LETC). This new edition presents a complete update of (...)

17 May 2013 B

The EU Commission signs a cooperation agreement with Switzerland to strengthen cooperation between their respective competition authorities

European Competition Network Brief • May 2013

European Commission: European Union and Switzerland sign Cooperation Agreement in Competition Matters* On 17 May 2013, the European Union (EU) and the Swiss Confederation have signed an agreement that will strengthen cooperation between their respective competition authorities, the European (...)

18 Apr 2013 R

Cartel - Appeal against a judgement of the General Court confirming a decision of the Commission: Advocate General Juliane Kokott invites the Court of Justice to reject the appeal introduced by one of the companies condemned in the elevators and escalators cartel case, finding the arguments of the appellant to be unfounded, not sufficient, and even absurd (Schindler)

Alain Ronzano • N° 3-2013

On 18 April 2013, Advocate General Juliane Kokott delivered her Opinion in Case C-501/11 (Schindler Holding Ltd and Others). In that case, it suggests, unsurprisingly, that the Court of Justice of the European Union to dismiss the appeal in its entirety. by Schindler Holding Ltd and several of (...)

10 Dec 2012 B

The Swiss Competition Commission joins the US DOJ, the EU Commission and other antitrust authorities in imposing fines to domestic and foreign freight forwarders (Kuehne + Nagel International, Panalpina Welttransport, Agility Logistics International, Deutsche Bahn, Deutsche Post, Spedlogswiss)

Dominique Guex • December 2012

Introduction After a five and a half years long investigation, the Swiss Competition Commission (COMCO) eventually joined US and EU antitrust authorities in sanctioning price fixing agreements related to a variety of fees charged to clients purchasing international freight forwarding services (...)

28 Sep 2012 B

A Swiss law enters into force and extends the scope of protection relating the legal professional privilege

Pranvera Këllezi • Legal privilege

A new law entered into force in May 2013 extending the scope of protection of the legal professional privilege in Switzerland in various administrative, civil, and criminal procedures, thereby improving companies’ right to freely communicate with their lawyers. Prior to this, documents located (...)

16 Jul 2012 B

The Swiss Competition Authority fines body representing audiovisual media device producers for restricting parallel imports (International Federation of the Phonographic Industry, Phononet)

Andrzej Kmiecik • July 2012

In a decision of 16 July 2012, the Competition Authority of Switzerland (“COMCO”) levied a fine of CHF3.5 million (around € 3 million) on the International Federation of the Phonographic Industry (“IFPI Switzerland”), as well as a fine of CHF20,000 (around € 16,000) on Phononet AG (“Phononet”), (...)

29 Jun 2012 R

Switzerland: The Swiss Supreme Court examines the compatibility of competition law sanctions with fundamental rights (Publigroupe)

Julia Xoudis, Pranvera Këllezi • N° 3-2013 • p. 177

Introduction By a majority of three votes to two, the Federal Supreme Court dismissed the appeal filed by Publigroupe et al. against the decision of the Federal Administrative Court of 27 April 2010 (FAC 2010/2 329), which had upheld the decision of the Competition Commission (hereinafter (...)

29 Jun 2012 B

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

Julia Xoudis • June 2012

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 (...)

7 May 2012 B

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)

Pierre Kobel • May 2012

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 (...)

15 Dec 2011 B

The Swiss Competition Commission fines leading camera manufacturer a total of 12.5 million CHF because of the restrictions on parallel imports of the company’s imaging products (Nikon)

Fabio Babey, Patrick Krauskopf • December 2011

I. Summary The Swiss Competition Commission (COMCO) fines Nikon AG a total of 12.5 million CHF because of restrictions on parallel imports of Nikon imaging products. II. Case 1. Parties Nikon AG, Switzerland («Defendant«). The Nikon Group organizes its sales in Europe through its own offices (...)

15 Dec 2011 B

The Swiss Competition Authority fines a manufacturer € 10 million for restricting parallel imports of imaging products (Nikon)

Andrzej Kmiecik • December 2011

On 15 December 2011, the Swiss Competition Authority (COMCO / WEKO) imposed a fine of 12.5 million Swiss Francs (around € 10 million) on the Swiss subsidiary of Japan-based company Nikon on the grounds that it had restricted parallel imports of Nikon Imaging products. Following receipt of (...)

1 Dec 2011 R

Vincent Martenet: One year at the head of the Swiss Competition Commission

Stéphanie Yon-Courtin, Vincent Martenet • N° 4-2011 • pp. 7-9

Interview conducted by Stéphanie Yon Courting, French External Trade in Normandy. You were appointed Chairman of the Competition Commission (Comco) in July 2010 after several years with this competition authority. What were your various functions within the Comco and, more generally, what is (...)

31 Oct 2011 B

The Swiss Competition Commission investigates into unlawful agreements affecting competition entered by a cosmetics and perfumery products’ professional association (ASCOPA)

Fabio Babey, Patrick Krauskopf • October 2011

I. Summary The Swiss Competition Commission (COMCO) determines unlawful agreements affecting competition between manufacturers, importers and suppliers of cosmetics and perfumery products. II. Case 1. Parties Defendants Beauté Prestige SA, Zurich; Bergerat SA, Geneva; Bulgari Parfums SA, (...)

11 Apr 2011 B

The Swiss Supreme Court upholds the annulment of the record fine on the historical telecom operator for excessive pricing in mobile termination fees (Swisscom / Comco)

Laure Corgier • April 2011

On 11th April 2011, the Swiss Supreme Court rendered its long-awaited decision in the mobile termination fees case about an alleged abuse of dominance of Swisscom, the Swiss historical telecom operator. In 2007, the Swiss Competition Commission (Comco) has imposed a record fine of over 200 (...)

18 Oct 2010 B

The Swiss Competition Authority fines firms dealing with window and window doors a total of 7.6 million CHF for fixing the date and level of price increases (Window mounting cartel)

Katrin Emmenegger, Patrick Krauskopf • October 2010

I. Summary The Swiss Competition Commission fines firms dealing with window and window doors a total of 7.6 million CHF for fixing the date and level of price increases. II. Case A. Parties/market structure Leading procuders of mountings for windows and window doors Roto Frank AG, Germany (...)

16 Sep 2010 B

The Swiss Competition Authority investigates restrictions of online home appliance sales (Electrolux / V-Zug)

Gabriele Accardo • September 2010

Swiss Competition Commission investigates online sales restrictions by Electrolux and V-Zug* On 16 September 2010, the Swiss Competition Commission (“COMCO”) announced (French, German, not available in English) that it is investigating Electrolux’s and V-Zug’s restrictions of online home appliance (...)

1 Sep 2010 R

Les mesures correctives dans les cas de concentrations d’entreprises et d’abus de position dominante, KËLLEZI Pranvera, Coll. munichoise du droit de la concurrence européen et intn., vol. 24

Stéphane Rodrigues • N° 3-2010 • p. 207

This work corresponds to the publication of the thesis defended by the author at the University of Geneva, under the direction of Professors Christian Bovet and Yves Flückiger, and which earned him the highest distinctions. The question of corrective measures is treated from a comparative (...)

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