Suchergebnisse für FINMA

Recent developments in Swiss competition law

Relative Marktmacht – gerichtliche Sicht

The amendment 2021 of the Swiss Federal Act on Cartels and other Restraints of Competition provides in the new article 4 section 2^bis a concretizing definition of market power as follows: “An undertaking with relative market power is an undertaking on which other undertakings are dependent for the supply of or demand for goods or services in such a way that there are no adequate and reasonable…

Regulierung von künstlicher Intelligenz für FinTech-Anwendungen

New methods of artificial intelligence represent one of the greatest promises and most prospective developments of digitalisation. Artificial intelligence has already enabled numerous innovative applications in the areas of image recognition, medicine, language and mobility, and it is also increasingly being used in the financial market, on which this article focuses. In addition to great…

«Open Banking» in der Schweiz – Herausforderungen an den Schnittstellen von Finanzmarkt-, Datenschutz- und Kartellrecht

«Open Banking» challenges traditional financial institutions in Switzerland and around the world. It poses strategic as well as legal compliance challenges. The present study delimits the (sometimes synonymously used) terms «Open Banking» and «API Banking» to the effect that Open Banking presupposes an access to the banking account (XS2A) on the basis of non-discriminatory criteria. It thus…

Editorial

Am 19. Juni 2020 haben die Eidgenössischen Räte die Revision des schweizerischen Aktienrechts verabschiedet. Die Referendumsfrist ist am 8. Oktober 2020 unbenützt abgelaufen, sodass mit einer…

Trois modèles de contrôle des investissements transfrontaliers

The screening of foreign investment has become a growing concern for many countries. In the midst of a trade war between the US and China as well as issues related to state-owned companies’ interference in the EU, it is bound to become a subject of heated debates in Switzerland. As we continue to live through a global pandemic, some countries are seeing themselves lacking or at least vulnerable…

La fin des rapports de travail du banquier : concurrence et bonus

The end of the banker’s working relationship is sometimes conflicting. The sticking points generally concern non-competition clauses and the payment of bonuses. The purpose of this article is to set out the rules applicable in this area in a way that both presents the legal principles and promotes practical solutions. In particular, the possibility of imposing a non-competition clause on the…

Fortress Europe: Die Äquivalenzverfahren der EU im Bereich der Finanzdienstleistungen

The European Union is by far the most important ­market for Swiss cross-border financial services. So far, the key strategy for market access has been to tailor Swiss financial regulation so as to achieve equivalence with EU law. However, the analysis of the current equivalence procedures reveals that equivalence is not the door opener one had hoped for. Core activities such as deposit-taking,…

Digitalisierung wettbewerbsrechtlicher Verfahren?

Competition Law proceedings regularly last very long and only limitedly take into account new possibilities for the use of information technology. On the other hand, online procedures have already become more widespread in private dispute resolution and RegTech is being promoted as a new instrument for the exchange of information in the financial market sector. Although it is not possible to…

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…