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ARTICLE · 14 FEBRUARY 2012

Competition Switzerland – Q 4 2012

Competition Commission prohibits exchange of information between importers and suppliers of luxury cosmetics

SwitzerlandAntitrust/Competition Law

Investigation

Competition Commission prohibits exchange of information between importers and suppliers of luxury cosmetics

On October 31, 2011, the Competition Commission prohibited several undertakings active in the luxury cosmetics sector from exchanging information on prices, turnovers, advertising expenses and sales terms1. The Competition Commission held that the information exchange between the undertakings involved (all of which were members of the Geneva based Association of Manufacturers, Importers and Suppliers of Cosmetic and Perfumery Products ("ASCOPA")) infringed the Competition Act, because the exchanged information allowed the participants to adjust their market behaviour to one another. However, the Competition Commission considered that the information exchange could not be regarded as a hard-core cartel within the meaning of the Competition Act and, therefore, did not impose a sanction on the undertakings involved. The decision also

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