In last week’s leading case on the abuse of a dominant position (2C_698/2021), the Federal Supreme Court sweepingly redefines the interpretation of abusive pricing and margin squeezes as well as the interplay between competition law and sector regulation. The court rules that Swisscom had not acted abusively and, therefore, lifts the sanction of around CHF…
Following the revision of the Vertical Block Exemption Regulation in the European Union, the Swiss Competition Commission is now also proposing to amend its Vertical Notice and Guidelines. Although the proposed amendments are based on the new EU distribution rules, they still depart from them on key issues, resulting in a “Swiss Finish”. Background…
2021: Less case law, more legislation While the year 2021 was a rather unspectacular year regarding relevant new case law, the legislative made sure it provided for quite noteworthy developments in competition law nonetheless. The Swiss Competition Commission (“ComCo“) and especially the courts produced relatively few leading decisions in 2021, with still a lot of…
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…
