No Abuse of Dominant Position by a Telecom Incumbent in Public Tender.

Journal article

1 electronic resource (page 383-396)

Extract Federal Act on Cartels and other Restraints of Competition, Arts. 4(2), 7(1) and (2), 49a(1) – Swisscom Headnotes by the Editorial Office 1. It is not the task of the Federal Act on Cartels and other Restraints of Competition to use means under the Act to protect companies that are unable to assert themselves on the market primarily due to their own behaviour. 2. A causal link between a dominant market position and unfair prices alone is insufficient to deem such behaviour unlawful or abusive. Rather, there must be an ‘imposition’ of unfair prices. Imposition occurs when the trading partner has nothing to oppose or cannot evade the economic pressure, and the price is set unilaterally rather than established through negotiation. The framework of the telecommunications regulation must also be taken into account. 3. The ‘unfairness’ of prices constitutes another element of the offence. Given that the price is fundamentally the result of market processes, intervention is warranted only in the event of a blatant disproportion between own costs and sales price.

Crossref

GRUR International ; 74, 4, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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