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The Federal Administrative Court reverses the sanctions of the Competition Commission against Pfizer, Eli Lilly and Bayer (ED Medications)

Marcel Meinhardt, Felix Prümmer (Lenz & Staehelin)/January 22, 2018January 22, 2018 /Leave a comment

On 19 December 2017 the Federal Administrative Court issued three judgments reversing the sanctions against the producers Pfizer, Eli Lilly and Bayer imposed by the Competition Commission which totaled in CHF 5.7 million. The court concludes that the non-binding price recommendations published by the three pharmaceutical companies did not restrict competition but rather prevented excessive…

Cartels, Switzerland

Major re-interpretation of Swiss competition law: price-fixing, quantity-limiting and market-allocating agreements are per se il-legal regardless of effect and may lead to direct sanctions

Nicolas Birkhäuser, Alessandro Stanchieri (Niederer Kraft & Frey)/May 4, 2017May 4, 2017 /Leave a comment

On 21 April 2017, after almost 10 months, the Swiss Federal Supreme Court published reasons for its judgment of 28 June 2016 in the matter of Colgate-Palmolive Europa Sàrl (former Gaba International AG). With a majority of 3 to 2, the Federal Supreme Court rejected an appeal made against the judgment of the Swiss Federal Administrative Court…

Cartels, Switzerland

Landmark judgements of Swiss Courts on the protection of business secrets and access to files in cartel cases

Marcel Meinhardt, Frank Bremer (Lenz & Staehelin)/October 17, 2016October 17, 2016 /Leave a comment

In two recent landmark judgements, Swiss Courts have provided important clarifications on the protection of business secrets and access to files in cartel cases. Harmful internal business communication subject to publication In 2011, the Swiss Competition Commission (“ComCo”) imposed a fine on Nikon for suspected violations of Swiss competition law[1]. Nikon appealed the decision[2] and…