Business Associations And Competition Law

The primary addressees of competition law are companies. However, the recent ComCo decision concerning agreements in the Grisons construction industry shows that associations may also fall within the scope of competition law. This newsletter examines the competition law risks of two typical association activities and provides information on competition law compliance for associations and companies.

1 BUSINESS ASSOCIATIONS ON THE RADAR OF THE COMPETITION AUTHORITIES

Business associations regularly play a role in investigations of the Swiss Competition Commission (ComCo). At the end of April 2018, the ComCo issued its decision "Engadin I" concerning alleged anti-competitive agreements in the construction industry in the Grisons, which was broadly covered in the media. The investigation was directed both against construction companies and against the construction industry association of the canton of Grison (Graubündnerischer Baumeisterverband, "GBV"). In the view