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CASE COMMENTS: EUROPEAN AND FOREIGN CASELAW – SWITZERLAND – PUBLIC ENFORCEMENT – VERTICAL AGREEMENTS – ABSOLUTE TERRITORIAL RESTRICTIONS – RESTRICTIONS BY OBJECT – METHODOLOGY UNDER SWISS ANTITRUST

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)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 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 which is the subject of these two Federal Court rulings is a ruling of the Federal Administrative Court, the appeal body for decisions of the Competition Commission ("ComCo"), which has already been commented on very comprehensively by Julia Xoudis in these Chronicles (J. Xoudis, Chroniques, ConcurrencesNo. 2-2014, p. 215). Therefore, we will limit ourselves to a

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  • Athena Avocats (Genève)

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Pierre Kobel, 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), 28 June 2016, Concurrences N° 3-2017, Art. N° 84641, pp. 174-176

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