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From the magazine SZW-RSDA 1/2022 | p. 89-99 The following page is 89

Recent developments in Swiss competition law

I. Introduction

  1. 1. New provisions pertaining to relative market power have been in force since the beginning of 2022.1 This reform aims to introduce a new situation giving rise to competition restraints and a new type of abuse. The first step was reached by integrating into LCart/KG, Article 4, a paragraph 2bis defining an undertaking with relative market power as “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 opportunities for switching to other undertakings”. The Competition Commission2 issued a notice and a form in order to assist economic actors in the application of this new concept.3 The adequacy of supply or demand should be determined on the basis of objective criteria taking into account, for instance, the characteristics of the product, the supplier’s market share or the…
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