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About this book
This is the first comprehensive English-language overview of competition law enforcement in Switzerland since the introduction of direct sanctions in 2004. It discusses the key issues facing practitioners: horizontal and vertical agreements (with a particular emphasis on distribution agreements), abuse of dominance, and the newly introduced provisions on relative market power and merger control. It also provides an overview of the key procedural provisions, leniency and amicable settlements, and fines.
The book subsequently analyses the main differences between Swiss and EU competition law and explains why, to what extent, and how companies should conduct a separate analysis under Swiss law. It offers a comprehensive overview and accessible analysis, based on in-depth research of case law, for practitioners and in-house counsels who need to ensure compliance with competition law on a Swiss, European or international basis. It is also a valuable guide for all practitioners, academics and students interested in understanding Swiss competition law.
Enforcement of competition law in Switzerland has intensified and is becoming increasingly important for global companies selling in Switzerland. Moreover, the fines have increased over the last twenty years, and many foreign companies have had to pay substantial fines in recent years. Lastly, the Swiss Federal Supreme Court has now extended the extraterritorial application of Swiss competition law to foreign companies where sales to Switzerland are possible.
About the author
Pranvera Këllezi is a Commissioner of the Swiss Federal Competition Commission and a practising lawyer in Geneva, where she advises companies on Swiss and European competition law and its impact on business, as well as on commercial law, data protection, corporate governance and economic regulation. She has more than 20 years of experience in advising on regulations that have a direct impact on the strategy and activities of companies. She holds a PhD from the Faculty of Law of the University of Geneva, an LL.M. in European Law from the College of Europe in Bruges and a Board Director Diploma from IMD, Lausanne.
Updates
In this section we list the FSC and FAC cases commented on in the book
Swiss Federal Supreme Court (FSC)
FSC, judgment of 15 February 1966, Alex Martin contre l’Association suisse des fabricants de cigarettes, ATF/BGE 92 II 1
FSC, judgment of 16 September 1970, Denner v Schweizer Bierbrauerverein, ATF 96 I 297
FSC, judgment of 18 September 1973, Verband des Schweizerischen Spirituosengewerbes gegen Angehrn & Co, ATF 99 II 228
FSC, judgment of 3 February 1995, ATF/BGE 121 IV 104
FSC, judgement of 26 September 1996, ATF/BGE 122 IV 279
FSC, judgment of 23 October 1996, Chanel, ATF/BGE 122 III 469
FSC, judgment of 20 July 1998, Nintendo, ATF/BGE 124 III 321
FSC, judgment of 10 August 1998, Engel, ATF/BGE 124 II 499
FSC, judgment of 13 November 1998, ATF/BGE 124 III 495
FSC, judgment of 7 December 1999, Kodak, ATF 126 III 129
FSC, judgment of 24 April 2001, Rhône-Poulenc SA et Merck & Co. Inc (Merial), ATF/BGE 127 III 219
FSC, judgment of 13 March 2001, 2A.530/2000, Swisscom c. TDC Switzerland, ATF/BGE 127 II 132
FSC, judgment of 14 August 2002, 2A.298/2001 and 2A.299/2001, Sammelrevers, ATF/BGE 129 II 18
FSC, judgment of 17 June 2003, 2A.520/2002, EEF, ATF/BGE 129 II 497
FSC, judgment of 19 December 2003, 2A.417/2003, Sellita Watch Co SA c. ETA SA Manufacture Horlogère Suisse, ATF/BGE 130 II 149
FSC, judgment of 13 July 2004, 2A.74/2004, ATF/BGE 130 II 521
FSC, judgement of 1 March 2005, ATF/BGE 131 III 360
FSC, judgement of 6 February 2007, 2A.430/2006
FSC, judgment of 19 January 2007, 4C.371/2006
FSC, judgement of 18 April 2007, 4C.386/2006, ATF/BGE 133 III 323
FSC, judgement of 12 June 2008, 4A_16/2008, ATF/BGE 134 III 438
FSC, judgment of 12 December 2008, 2C_292/2008, ATF/BGE 135 II 60
FSC, judgment of 1 February 2010, 4A_546/2009
FSC, judgment of 11 April 2011, 2C_343/2010 and 2C_344/2010, ATF/BGE 137 II 199
FSC, judgment of 29 June 2012, 2C_484/2010, Publigroupe, ATF/BGE 139 I 72
FSC, judgment of 23 May 2013, 4A_449/2012, ATF/BGE 139 II 316, L’Etivaz
FSC, judgment of 5 October 2015, 2C_1004/2014, Interprofession du Gruyère
FSC, judgment of 18 May 2016, 5D_13/2016
FSC, judgment of 28 June 2016, 2C_180/2014, ATF/BGE 143 II 297, Gaba
FSC, Judgment of 26 September 2016, 2C_916/2014 and 2C_917/2014, ATF/BGE 143 II 8
FSC, judgment of 24 October 2017, 2C_63/2016, BMW, ATF/BGE 144 II 194
FSC, judgment of 18 May 2018, 2C_101/2016, Altimum, ATF/BGE 144 II 246
FSC, judgement of 14 March 2018, 4A_417/2017, Swatch
FSC, judgment of 9 December 2019, 2C_985/2015, Preispolitik Swisscom ADSL, ATF/BGE 146 II 217
FSC, judgment of 12 February 2020, 2C_113/2017, Hallenstadion
FSC, judgment of 8 March 2021, 2C_383/2020, ATF/BGE 147 II 144
FSC, judgment of 18 March 2021, 2C_1040/2018 and 2C_1051/2018, ATF/BGE 147 II 227
FSC, judgment of 4 February 2021, 2C_149/2018, Pfizer, ATF/BGE 147 II 72
FSC, judgement of 23 September 2021, 2C_934/2020
FSC, judgment of 21 December 2021, 2C_43/2020, Dargaud, ATF/BGE 148 II 25
FSC, judgment of 18 January 2022, 4A_229/2021, ATF 148 III 77
FSC, judgment of 3 March 2022, 2C_44/2020, Flammarion
FSC, judgment of 3 August 2022, 2C_39/2020, Diffulivre
FSC, judgment of 2 November 2022, 2C_596/2019, SIX DCC
FSC, judgment of 8 December 2022, 2C_52/2020, Glénat
FSC, judgment of 8 December 2022, 2C_33/2020, Interforum Suisse SA
Swiss Federal Administrative Court (FAC)
FAC, judgment of 1 June 2010, B-420/2008, Implenia
FAC, judgment of 1 June 2010, B-360/2008, Spalu
FAC, judgment of 27 April 2010, case B-2977/2007, Publigroupe
FAC, judgment of 4 September 2015, B-7633/2009, Preispolitik Swisscom ADSL
FAC, judgment of 13 November 2015, B-3332/2012, BMW
FAC, judgment of 16 September 2016, B-581/2012, Nikon
FAC, judgment of 25 June 2018, B-807/2012, Wettbewerbsabreden im Strassen- und Tiefbau im Kanton Aargau, ERNE
FAC, judgment of 3 May 2018, B-3871/2017, Ticketcorner Holding AG v COMCO
FAC, judgment of 18 December 2018, B-831/2011, SIX DCC
FAC, judgment of 30 October 2019, B-3975/2013, Marché du livre écrit en français
FAC, judgment of 13 May 2020, B-409/2020, Swatch Group Lieferstopp
FAC, judgment of 2 April 2020, B-823/2016, Music Hug
FAC, judgment of 16 February 2021, B-2798/2018, Naxoo/Supermédia
FAC, judgment of 19 January 2022, B-2597/2017, Kommerzialisierung von elektronischen Medikamenteninformationen
FAC, judgment of 9 August 2021, B-5119/2019, Strassenbau Graubünden/Centorame
FAC, judgment of 9 August 2021, B-5130/2019, Strassenbau Graubünden/Schlub
FAC, judgment of 10 May 2022, B-4003/2016, Sport im Pay-TV
FAC, judgment of 16 February 2023, B-3882/2021
This section shows the new cases since August 2023, the last update of the manuscript before printing.
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Contact
By email: contact[a]kellezi-legal.ch
By post: Maître Pranvera Këllezi, Case postale 6395, 1211 Genève 6
By phone: +41 22 810 82 47