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Articles by Benoit Merkt
The Swiss Competition Commission Publishes Its First Decision Finding An Abuse Of Relative Market Power
LS Lenz & Staehelin More With over 200 lawyers and offices in three major economic centres, Lenz & Staehelin is one of the largest law firms in Switzerland. Known for its high professional standards, the firm provides its domestic and international clients with a full range of services in the main areas of law. It is ranked amongst the leading practitioners in business law. The Swiss Competition Commission (COMCO) has published its September 23, 2024 decision in the Madrigall case.
Swiss Federal Supreme Court redefines abuse of dominant market position
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 8m in its entirety.
Greenwashing: Green Claims In Commercial Communications
The June 2023 ruling by the Swiss Commission for Fairness, finding FIFA's communications on carbon neutrality at the World Cup 2022 misleading to consumers, has attracted global attention. This decision acts as a strong reminder for companies to carefully evaluate their commercial communications, ensuring verifiable evidence supports environmental assertions.
Le règlement de l'UE sur les subventions étrangères : Implications pour les entreprises en Suisse
A partir du 12 juillet 2023, le Foreign Subsidies Regulation (FSR) s'appliquera. La Commission européenne pourra désormais examiner les concentrations qui atteignent les seuils de notification pour déterminer si des subventions provenant d'États non membres de l'UE faussent le marché intérieur. Cet examen s'ajoute aux procédures de contrôle de concentrations et d'examen des investissements étrangers.
The EU Foreign Subsidies Regulation: Implications for Companies in Switzerland
As of July 12, 2023, the European Foreign Subsidies Regulation (FSR) will apply. The European Commission can now examine concentrations that meet the filing thresholds for subsidies from non-EU Member States distorting the internal market. This review is in addition to the merger control procedures and foreign investment screenings. The FSR also introduces a comprehensive subsidy control for public procurement procedures.
Die EU Foreign Subsidies Regulation: Implikationen für Unternehmen in der Schweiz
Ab dem 12. Juli 2023 gilt die europäische Foreign Subsidies Regulation (FSR). Die EUKommission kann neu meldepflichtige Unternehmenszusammenschlüsse auf wettbewerbsverzerrende Subventionen aus Nicht-EU-Ländern prüfen. Diese Prüfung tritt zu der wettbewerbsrechtlichen Fusionskontrolle und den Investitionskontrollverfahren hinzu. Mit der FSR wird zudem eine weitreichende Subventionskontrolle im Vergaberecht eingeführt.
The public procurement bidding process in Switzerland
All questions The bidding process i Notice As far as regulated procurement contracts at the federal level are concerned, all calls for tender, as well as the awards of the contract, are published on Simap,2 the government's public procurement information system platform. ii Procedures Swiss public procurement law provides four main methods of procurement.
Competition law: Swiss Competition Commission issues revised vertical notice
The Swiss Competition Commission issued its revised notice on the treatment of vertical agreements under competition law. It will enter into force on January 1, 2023. The revised Notice is based on the EU Verticals Block Exemption Regulation, but contains a "Swiss Finish" in key aspects.
Droit de la distribution: la Commission de la concurrence suisse révise sa Communication sur les accords verticaux
La Commission de la concurrence suisse a adopté sa Communication concernant l'appréciation des accords verticaux révisée. Elle entrera en vigueur le 1er janvier 2023. La Communication révisée se base sur le règlement d'exemption par catégorie applicable aux accords verticaux de l'UE, mais intègre un "Swiss Finish" concernant certains aspects essentiels.
Vertriebskartellrecht: Schweizer Wettbewerbskommission erlässt revidierte Vertikalbekanntmachung
Die Schweizer Wettbewerbskommission hat ihre revidierte Bekanntmachung über die wettbewerbsrechtliche Behandlung von Vertikalabreden verabschiedet. Sie wird am 1. Januar 2023 in Kraft treten. Die revidierte Bekanntmachung orientiert sich an der EU Vertikal-GVO, enthält aber in wesentlichen Aspekten einen "Swiss Finish". Ausgangslage Die Schweizer Wettbewerbskommission ("WEKO") hat am 14.
In brief: the key features of merger control legislation in Switzerland
Legislation and jurisdiction Relevant legislation and regulators What is the relevant legislation and who enforces it? Swiss merger control is mainly governed by the Federal Act on Cartels and Other Restrictions of Competition (CartA) as well as the Ordinance on the Control of Concentrations of Undertakings (together, the Competition Law). The Competition Law came into effect on 1 July 1996 and was revised in 2004. Further minor amendments have since been made.
Spotlight: determining relevant market and market power in Switzerland
An extract from The Dominance and Monopolies Review, 10th edition Market definition and market power i Undertakings Only undertakings may achieve a dominant position. According to Article 2, Paragraph 1 bis of the Cartel Act, undertakings are all consumers or suppliers of goods or services active in commerce regardless of their legal or organisational form.
Competition Law: Revision Of The Swiss Vertical Notice - Antitrust, EU Competition - Switzerland
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".
Introduction Of Foreign Investment Control In Switzerland – Federal Council Publishes Preliminary Draft Legislation - Inward/ Foreign Investment - Switzerland
As requested by Parliament, the Federal Council has published a preliminary draft legislation for consultation seeking to introduce foreign investment control in Switzerland. With the planned introduction of foreign investment control, Switzerland is following an international trend towards stricter regulation of foreign investments.
Swiss Federal Supreme Court Narrows The Scope Of The Agency Privilege - Antitrust, EU Competition - Switzerland
The Federal Supreme Court published its judgment regarding Les Editions Flammarion SA in the book market case and excludes the application of the agency privilege to exclusivity clauses partitioning the Swiss market. Investigation of the French-language book market Following an investigation opened by the Competition Commission ("Comco") in 2007, Les Editions Flammarion SA ("Flammarion") was sanctioned in 2013 along with 12 other distributors and diffusers.
Switzerland Imposes Further Sanctions Against Russia
To print this article, all you need is to be registered or login on Mondaq.com. On March 4, the Swiss Federal Council adopted a complete overhaul of the Federal Ordinance on measures in connection with the situation in Ukraine, to align the Swiss regime with the EU sanctions against Russia.
Switzerland Adopts EU Sanctions Against Russia
To print this article, all you need is to be registered or login on Mondaq.com. The Swiss Federal Council took the decision on February 28, 2022 to adopt sanctions against Russia mirroring the packages of sanctions imposed by the EU on February 23 and 25, 2022.
ComCo Specifies New Rules On Market Power Effective As Of January 1, 2022
To print this article, all you need is to be registered or login on Mondaq.com. Shortly before the new rules in the Cartel Act on "relative market power" come into force, the Swiss competition authorities have published a guidance paper and a notification form on the new "relative market power" rules in Switzerland. Introduction In March 2021, Parliament adopted the counter-proposal to the so-called Fair Price Initiative.
Corner Stones Of New Swiss Foreign Investment Screening Regime
Switzerland: Corner Stones Of New Swiss Foreign Investment Screening Regime 06 September 2021 by Marcel Meinhardt and Benoît Merkt Lenz & Staehelin Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
New Swiss Supreme Court Decision Reshapes Assessment Of Lawful Price Recommendations And Vertical Price Fixing
To print this article, all you need is to be registered or login on Mondaq.com. In the decision published yesterday in the matter "Sanction Order: Hors-Liste Medikamente (Preisempfehlungen)" (2C_149/2018 of 4 February 2021), the Federal Supreme Court substantiates the concept of concerted practices and clarifies some open questions in this context. Concerted practices according to Article 4 para. 1 CartA Pursuant to Article 4 para.
New Swiss Unilateral Conduct Rules Significantly Broadened - Anti-trust/Competition Law - Switzerland
To print this article, all you need is to be registered or login on Mondaq.com. Parliament revises the Cartel Act and adopts the concept of "relative market power". Under the new law, prohibitions previously applicable only to dominant companies will be extended to companies with only "relative market power". At the same time, it introduces a geo-blocking ban. Introduction Parliament has adopted the counter-proposal to the Fair Price Initiative in today's final vote.
COVID-19 Update – Antitrust: Enforcement Of Swiss Competition Law In Light Of COVID-19 - Anti-trust/Competition Law - Switzerland
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Judgement Of The Swiss Federal Supreme Court 145 II 252 - Litigation, Mediation & Arbitration - Switzerland
To print this article, all you need is to be registered or login on Mondaq.com. 1. Introduction In a landmark ruling handed down on August 29, 2019, in a case concerning the award of the management contract for the Hotel Metropole, owned by City of Geneva (hereinafter: the "City")1, the Swiss Federal Supreme Court (hereinafter: the "FSC", confirmed the importance of the distinction between the State's administrative and financial assets.
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