CASE COMMENTS: FOREIGN CASELAW - COMCO – COMMUNICATION – VERTICAL ARRANGEMENTS

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

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”) (https://www.news.admin.ch/message/index.html?lang=fr&msg-id=58117). This CommAuto is aimed at replacing, as from the 1st of January 2016, the COMCO’s previous Communication regarding vertical agreements in the motor vehicle sector (hereafter “the 2002 Communication”) (DPC 2002/4 p. 778). Undertakings have now one year to adapt to the CommAuto, during which compliance with the 2002 Communication will be tolerated. Despite the fact that all cars sold in Switzerland are imported, the COMCO chose not to strictly adhere to the

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