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ARTICLE · 26 NOVEMBER 2012

Swiss Competition Law Briefing

MLL Meyerlustenberger Lachenal Froriep Ltd
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In the last couple of years, the Swiss Competition Commission (COMCO) has continued its vigorous campaign against vertical restraints aiming at the foreclosure of Swiss markets.

SwitzerlandAntitrust/Competition Law
Boris Wenger
Boris Wenger

Swiss COMCO continues to focus on cross-border passive sales restrictions

In the last couple of years, the Swiss Competition Commission (COMCO) has continued its vigorous campaign against vertical restraints aiming at the foreclosure of Swiss markets. To this end, it has acted aggressively against suspected restrictions on passive sales to Switzerland. COMCO's campaign has been supported by the Swiss media which, in some cases, attacked the parties for allegedly "ripping off" Swiss consumers.

COMCO claimed repeatedly that its investigations contributed to the government's fight against high Swiss retail prices. At least in some of COMCO's recent cases, however, high Swiss retail prices may rather be attributed to high costs of Swiss distribution channels, Swiss consumers' purchase power, Swiss consumers' preference for high quality product versions, etc. Also, in some of these cases, evidence for significant effects on the Swiss market of these alleged restrictions

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