Leading Decision of Swiss Supreme Court on By-object Restrictions Under Swiss competition Law
On 28 June 2016, the Swiss Federal Supreme Court (the "Court") rendered a leading decision regarding the significance of anti-competitive agreements under Swiss law (decision no 2C_180/2014). The Court found that horizontal agreements between competitors on prices, quantities and allocation of territories or customers according to art. 5(3) of the Swiss Cartel Act and vertical agreements regarding fixed or minimum prices and restriction of passive sales according to art. 5(4) of the Swiss Cartel Act are by their nature (by object) a significant restriction of competition, regardless of any quantitative elements or negative effects on competition.