Relative Marktmacht, Geoblocking und Digitalisierung

The rules on relative market power, recently introduced into Swiss competition law, generate far-reaching overlaps with the geo-blocking prohibition that took effect in parallel, as part of Swiss unfair competition law. This contribution analyses these overlaps, with a focus on the “shop like a local” principle which is also known from EU geo-blocking rules.

Furthermore, the provision identifies the important role that relative market power rules could play in the digital sector. In a comparative approach, it explains “digital adaptations” recently made to German relative market power provisions and points out important first steps Swiss law should take in that direction.