05 May 2025 I Briefing
Abuse of Dominance Cases
The Swiss Federal Supreme Court (Federal Court, FSC) has clarified that a restriction of competition is a prerequisite for the finding of an abuse of a dominant position in the sense of Article 7 of the Cartel Act (CartA). It further clarified that for a conduct to constitute an abuse of a dominant position, the conduct must be effectively potentially capable of causing a restriction of competition respectively foreclosure effects. A mere hypothetical potential for competitive harm is not sufficient.