The Swiss Federal Supreme Court clarifies controversial questions regarding the privilege against self-incrimination in competition law proceedings (ApplePay)

ApplePay proceedings lead to clarification on Nemo Tenetur in Competition Law* Early April, the Federal Supreme Court clarified controversial questions regarding the privilege against self-incrimination in Competition Law Proceedings in three much-noticed decisions (2C_383/2020, 2C_87/2020 and 2C_88/2020) [1]. The Decisions In 2018, the Swiss Competition Commission (“ComCo“) opened proceedings against various financial institutions regarding an alleged boycott in Switzerland. The Competition Commission suspected that the addressees of the investigation had entered into unlawful agreements to compete in order to boycott mobile payment solutions from international providers such as Apple Pay and Samsung Pay. In these proceedings, ComCo interrogated current