Entwicklungen im Bereich der vertikalen Wettbewerbsabreden in der Schweiz

The Swiss practice relating to vertical agreements in the past few years has been characterized by numerous authority and court decisions as well as legislative initiatives addressing outstanding (or even raising new) issues in the enforcement of Art. 4 (1) as well as Art. 5 (4) CartA (Federal Act on Cartels and other restraints of Competition). For instance, questions on the qualification of non-binding resale price recommendations as concerted practices, the limits of the so-called «Konzernprivileg», i.e. exemption of application of competition laws with regard to intra-group vertical agreements, the qualification of dual distribution systems, qualification of exclusive purchasing obligations as indirect absolute territorial protections as well as the limits of the agency privilege have been addressed. It is notable that the recent Swiss vertical agreements enforcement practice has increasingly introduced deviations from the corresponding EU law and practice (so-called «Swiss…