CASE COMMENTS : EUROPEAN AND FOREIGN CASE LAW – SWITZERLAND - ABUSE OF DOMINANT POSITION - DISCRIMINATORY PRACTICES - ARTICLES 6 AND 7 ECHR - SETTLEMENT - FINE

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

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 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 "Comco") imposing a fine of CHF 2.5 million on Publigroupe for abuse of a dominant position (FAC 2007/2 190). This is the first time that the Federal Supreme Court has confirmed the pronouncement of a so-called direct sanction. This type of sanction was introduced on 1 April 2004 in the Cartel Act (hereinafter "LCart"). It applies to hard horizontal and vertical

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Authors

  • Këllezi Legal (Geneva)
  • University of Geneva

Quotation

Pranvera Këllezi, Julia Xoudis, Switzerland: The Swiss Supreme Court examines the compatibility of competition law sanctions with fundamental rights (Publigroupe), 29 June 2012, Concurrences N° 3-2013, Art. N° 54212, p. 177

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