Prohibition of parallel imports and market integration – The role of the “effects doctrine” and the development of the substantive laws, Concurrences N° 3-2017, pp. 185-192 | Articles

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Possible effects in Switzerland are sufficient to assert jurisdiction of Switzerland over conduct taking place outside Switzerland. The Supreme Court adopted a broad definition of the territorial scope of the Cartel Act, by not only refusing, but also prohibiting, to consider any level of intensity and probability of occurrence of effects in Switzerland. In addition, the Supreme Court established a restriction “by object” for agreements amounting to absolute territorial protection of the Swiss market. The unilateral expansion of the reach of the Swiss competition law operates as a means to integrate the Swiss market with the EU’s single market and to open other markets to Swiss costumers. A form of comity is however necessary to balance the positive effects for Swiss consumers with adverse effects abroad, particularly with regard to sales from distant territories.

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