CASE COMMENTS: FOREIGN CASE LAW – PUBLIC ENFORCEMENT – AGREEMENTS – DISTRIBUTION AGREEMENTS – VERTICAL RESTRAINTS – ABSOLUTE TERRITORIAL PROTECTION – RESALE PRICE MAINTENANCE – SANCTIONS

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

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 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 the other to resale prices. It must be noted that those two judgments add further confusion to the concept of an appreciable restriction of competition. As far as our foreign colleagues are concerned, it should be recalled that Swiss law is not based on the principle of the illegality of agreements restricting competition, but on the illegality of their harmful

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  • Kobel Attorney

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Pierre Kobel, Switzerland: The Federal Administrative Court applies different standards in relation to hardcore vertical restraints (BMW, Altimum), 13 November 2015, Concurrences N° 2-2016, Art. N° 79552, pp. 236-237

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