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ARTICLE · 17 JULY 2017

Swiss Competition Commission Updates Notice On Vertical Restraints And Releases Explanatory Guidelines

Bär & Karrer Ltd.
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In this judgment, the FSC held that an export ban in an Austrian licence agreement had infringed the Swiss Act on Cartels (CA).

SwitzerlandAntitrust/Competition Law
Mani Reinert
Mani Reinert
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The Swiss Competition Commission (ComCo) has updated its notice on vertical restraints of 28 June 2010 (Notice on Vertical Restraints) following the Colgate-Palmolive judgment of the Swiss Federal Supreme Court (FSC). In this judgment, the FSC held that an export ban in an Austrian licence agreement had infringed the Swiss Act on Cartels (CA). In addition, ComCo has released explanatory guidelines on the Notice on Vertical Restraints (Guidelines).

Background

On 28 June 2017 (see Bär & Karrer Briefing of April 2017) the FSC held that Colgate-Palmolive Europe Sàrl (Colgate-Palmolive, the successor of GABA International AG) had infringed the Swiss Act on Cartels by barring its licensee Gebro Pharma GmbH (Gebro) from making parallel exports out of Austria.

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