The Swiss Supreme Court, deciding that a foreign merger must be notified to the Competition Commission if the thresholds set out by the Competition Act are reached, reversed the decision of the Appeals Commission, thus upholding Competition Commission ("Comco") practice.
According to Article 9 of the Competition Act, notification is mandatory if, during the financial year preceding the concentration:
- the aggregate worldwide turnover of the undertakings concerned amounted to at least two billion Swiss Francs or the aggregate turnover of the undertakings within Switzerland amounted to at least 500 million Swiss francs; and
- the aggregate turnover in Switzerland by each of at least two of the undertakings concerned amounted to at least 100 million Swiss Francs.
