ARTICLE
9 September 2018

On The Principle Nature Of The Federal Court's Decisions In The GABA And BMW Cases

PD
Prager Dreifuss
Contributor
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PRAGER DREIFUSS is one of Switzerland’s leading law firms for business law. We support international and domestic clients in a wide field of legal matters.We strive to find integrated, innovative solutions for our clients that are adapted to legal and economic realities. Our key account system guarantees the best possible efficiency, short response times and solutions that are best suited to clients’ needs.
The two judgments of the Swiss Federal Court are, as far as the significance test in Article 5 para. 1 FCA is concerned, of a principal nature and ultimately affect the interpretation of Art. 5 FCA as a whole.
Switzerland Antitrust/Competition Law
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The two judgments of the Swiss Federal Court are, as far as the significance test in Article 5 para. 1 FCA is concerned, of a principal nature and ultimately affect the interpretation of Art. 5 FCA as a whole. The Swiss Competition Commission – which has long been defending a different view of the criterion – wants the Court's verdict to be confined to the legal presumptions in Article 5 paras 3 or 4 FCA – whereas outside these presumptions Article 5 para. 1 FCA would not have the role of a simple "de minimis rule" but that of a substantive criterion. Such cannot be the Court's understanding.

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ARTICLE
9 September 2018

On The Principle Nature Of The Federal Court's Decisions In The GABA And BMW Cases

Switzerland Antitrust/Competition Law
Contributor
Prager Dreifuss logo
PRAGER DREIFUSS is one of Switzerland’s leading law firms for business law. We support international and domestic clients in a wide field of legal matters.We strive to find integrated, innovative solutions for our clients that are adapted to legal and economic realities. Our key account system guarantees the best possible efficiency, short response times and solutions that are best suited to clients’ needs.
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