The author has, for many years, in a number of contributions in law journals argued that the criterion "significantly restricting competition" in Article 5 para. 1 SCA should – for systemic reasons – be interpreted the same way as the respective element in Article 101 TFEU. This newspaper article is so to speak a last call in this respect, before the Swiss Federal Tribunal was going to decide in public this important matter for the future of Swiss competition policy.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.