From the magazine SZW-RSDA 1/2020 | S. 73-83 The following page is 73

Recent developments in Swiss competition law

I. Introduction

  1. 1. The Competition Commission’s1 decisions on the distribution in Switzerland of francophone books2 did not satisfy nine of the parties to the investigation; they all appealed to the Federal Administrative Tribunal, which handed down its judgments at the end of October 2019.3 Numerous lessons may be drawn from these judgments. In particular:
    • European competition law remains a great source of inspiration for Swiss authorities. For instance, the court pointed out that the differences between the regimes governing agreements are “in great part only apparent.”4
    • In competition law, a group constitutes one sole undertaking.5 Among other things, this implies that legal entities belonging to the same group may not enter into agreements from a competition law standpoint (so-called “group privilege”).6
    • In case of an absolute territorial protection, both direct and indirect exclusions of pass…