In a decision based on a rigorous economic analysis, the Swiss Competition Commission has introduced the concept of collective dominance into Swiss antitrust law. Drawing in its analysis on the EU Commission’s decisions and the checklist of the German Bundeskartellamt, the Commission ordered the merging companies to divest two affiliated companies. The decision centred on the duopoly which would have been created by the merger and the fact that both companies were vertically integrated.

Marcel Meinhardt
Lenz & Staehelin
Zurich