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Prof. Christian Bovet

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Recent developments in Swiss competition law

1. In economic theory, transparency of information is usually seen as a positive condition, which contributes to effective competition. When one turns to competition law, however, it seems that parties are often reluctant for the decisions or judgments relating to their activities and transactions to be published. This sensitivity may sometimes seem rather surprising, especially when one takes into…
Dr. iur. Adrien Alberini LL.M., Prof. Dr. iur. Christian Bovet LL.M.
SZW-RSDA 1/2021 | S. 86

LEFin-LSFin: des assujettis face aux nouveaux organes et organismes

The regulations governing financial institutions and services are bringing new actors – such as portfolio managers and trustees – within the scope of FINMA su­pervision, supported by a reformed self-regulatory framework. It is worth comparing the latter with the set of rules and organizational measures adopted for the registration of client advisors and the control of prospectuses for securities…
Prof. Dr. iur. Christian Bovet LL.M., Valentine Delaloye MLaw
SZW-RSDA 2/2020 | S. 117

Recent developments in Swiss competition law

Obviously, steps taken by certain companies in the media sector trigger reactions from competitors in this dynamic environment which is constantly changing as a result of the digital revolution. Interestingly, Comco faced at the same time two transactions (AZ Medien/NZZ and Tamedia/Basler Zeitung) which had to be assessed in light of each other from the perspective of collective dominance:90
Prof. Dr. iur. Christian Bovet LL.M., Dr. iur. Adrien Alberini LL.M.
SZW-RSDA 1/2020 | S. 73

Recent developments in Swiss competition law

Over the past few months the Courts issued quite a significant number of judgments. Generally, they favoured a strict competition policy in dealing with substantive law issues. However, this was not done to the detriment of the protection of the parties’ procedural rights...

Prof. Dr. iur. Christian Bovet LL.M., Dr. iur. Adrien Alberini LL.M.
SZW-RSDA 1/2019 | S. 73

Recent developments in Swiss competition law

1. The above title might raise a few eyebrows. What is the relationship between the Coty case, which was decided at the end of 2017 by the European Court of Justice (“ECJ”),1 and the Gaba2 and BMW3 judgments handed down the same year by the Federal Tribunal? In addition to the fact that these three cases deal with vertical agreements, the first interesting point of comparison is that the ECJ…
Prof. Dr. iur. Christian Bovet LL.M., Dr. iur. Adrien Alberini LL.M.
SZW-RSDA 1/2018 | S. 73

Protection des données et nouvelles procédures de communication aux autorités fiscales et de surveillance étrangères

At a time when banking secrecy is shrinking, the lawmaker has decided to redefine the role of data protection in international cooperation procedures with regulatory and tax authorities. The law allows a supervised entity, typically a bank, to transmit confidential information to certain foreign authorities and organizations, but requires it to safeguard the rights of its clients and other third…
Prof. Dr. iur. Christian Bovet LL.M., Prof. Dr. iur. Alexandre Richa LL.M.
SZW-RSDA 2/2017 | S. 144

Recent developments in Swiss competition law

1. «Wettbewerbskomplexität»! After reading the 347-page long judgment handed down by the Federal Administrative Tribunal in the Swisscom ADSL price strategy case,1 one can only agree with the expression used by the court in its decision.2 Although an appeal before the Federal Tribunal is pending, we must emphasize the high quality of this judgment and, in particular, its clarity and educational…
Prof. Dr. iur. Christian Bovet LL.M., Dr. Adrien Alberini LL.M.
SZW-RSDA 1/2017 | S. 102

Recent developments in Swiss competition law

1. The Competition Commission1 adopted new organizational rules (“OrgReg”).2 It would go beyond the scope of this chronicle to comment each and every provision. On the other hand, it is worth mentioning that the 2015 rules take into account the evolution of the tasks and functions attributed to the authority over the past 20 years; in fact, it is quite amazing that this text did not need any…
Prof. Dr. iur. Christian Bovet, Dr. iur. Adrien Alberini LL.M.
SZW-RSDA 1/2016 | S. 89

Recent developments in Swiss competition law

1. An in-depth reform of the Federal Law on Cartels and Other Competition Restraints1 should not be expected any time soon. On 17 September 2014, the National Council confirmed its decision of non-consideration, which, in accordance with Swiss parliamentary procedure, led to the closing of a long legislative process that started during the winter 2006/2007 with the mission entrusted to an expert…
Prof. Dr. iur. Christian Bovet LL.M., Dr. Adrien Alberini LL.M.
SZW-RSDA 1/2015 | S. 42