National Competition Law Report – Q4 2007 - Switzerland

Cartels

Competition Commission closes investigation into four Bernese construction companies

On 6 December 2007 the Competition Commission put an end to its long-running investigation into the practices of four Bernese construction operations which are renovating the Swiss National Library by discontinuing its proceedings without any finding of violation.

On 17 December 2001 the Competition Commission had in fact concluded that Betosan AG, Isotech AG (now Hela AG), Renesco AG (now Arkosol AG) and Weiss + Appetito AG had agreed upon prices in their tender offers. The Competition Commission issued a decision forbidding such practices in the future. It did not impose fines, since at the time its powers to fine were confined to situations where a company contravened a decision of the Competition Commission.