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Recent developments in Swiss competition law

Innovation in Pharmaceutical Mergers: Looking for a Miracle Cure?

The European Commission’s approach to analysing the negative effects of a merger on competition has recently changed. Whereas for years, competition authorities have mainly focused on the effects of a merger on prices, the impact on output, or the creation or strengthening of a dominant position in a given market, they are now examining the effects of a merger on innovation. The analysis of the…

Digital Markets Act – questions choisies

A few enterprises of important size, offering core online platform services, play a major role in the digital economy and, as such, exercise significant control over market access, leading to dependencies of their users and potentially to unfair behaviors. To apprehend and help preventing abuses, the European Commission has issued a new Regulation proposal, the “Digital Markets Act ”, applying to…

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…

Entreprises et Big Data: peut-on forcer les entreprises à partager leurs données non-personnelles (par des licences obligatoires ou des licences „FRAND“)?

In the digital age where big data is of key value, companies generate a massive amount of data and make intensive use of data. Given that companies may depend on the access to non-personal data (industrial data) held by other companies to remain competitive, the question arises as to whether companies should be forced to share their non-personal data with each other (B2B data sharing) on the…

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…

Pouvoir de marché dans le secteur numérique: l’accès à de larges quantités de données est-il suffisant?

In the digital sector, access to large sets of data may provide strategic advantages and thus raises the question as to whether it may be the source of market power within the meaning of competition law. In light of recent case law, we argue that access to big data may confer such power only when particular conditions are met. The data at stake should notably be correlated to specific users. In…

La digitalisation du point de vue des consommatrices et consommateurs

Digitalization from the consumer’s point of view can take several forms. Sharing economy, social networks, e-commerce: the digital world for consumers is a vast planet whose various aspects have to be understandable. And consumers cannot be summarized in only one category. This rapid development implies that our legislation must be adapted without hindering the ­dynamism of these markets…

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…

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…