Christophe Rapin 18 LAWYER MONTHLY JUNE 2024 On January 1, 2022, a modification of the Federal Act on Cartels and Other Restraints of Competition entered into force in Switzerland (Cartel Act), introducing the concept of relative market power. The purpose of this contribution is to analyse those modifications and discuss their possible impacts on franchise relationships. It will focus on the right granted to buyers to purchase goods or services offered both in Switzerland and abroad at the market prices and conditions customary in the industry in the foreign country concerned. It is a fact that prices for goods and services are generally speaking higher in Switzerland compared to surrounding countries like France, Germany, Italy or Austria. For decades, the Commission for Competition (Comco), its Secretariat and the courts have been elaborating substantial caselaw regarding the prohibition to restrain parallel imports into Switzerland. Contrary to the European Union that aims at ensuring and strengthening a single market across the EU, the Swiss approach is driven by the concept of “expansiveness Island” within the European continent, against which the political authorities intend to fight, for the benefit of locally based business and, ultimately, consumers. An Interview with... Exploring Franchise Law in Switzerland Christophe Rapin Partner, Kellerhals Carrard Tel: +41 58 200 33 30 Fax: +41 58 200 33 11 E: christophe.rapin@kellerhals-carrard.ch www.kellerhals-carrard.ch In this interview, we speak with Christophe Rapin, partner and co-head of Kellerhals Carrard’s Competition, Trade, and Regulatory group. Kellerhals Carrard is a leading Swiss law firm with strong local roots and global connections. The firm’s attorneys advise domestic and foreign clients on antitrust and competition law matters, merger control proceedings, and sector-specific regulations. We explore the recent changes to the Federal Act on Cartels and Other Restraints of Competition, the concept of relative market power, and its impact on franchise relationships.. Join us as we gain valuable perspectives from Christophe Rapin on these important topics.
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