The two judgments of the Swiss Federal Court are, as far as the significance test in Article 5 para. 1 FCA is concerned, of a principal nature and ultimately affect the interpretation of Art. 5 FCA as a whole. The Swiss Competition Commission – which has long been defending a different view of the criterion – wants the Court's verdict to be confined to the legal presumptions in Article 5 paras 3 or 4 FCA – whereas outside these presumptions Article 5 para. 1 FCA would not have the role of a simple "de minimis rule" but that of a substantive criterion. Such cannot be the Court's understanding.
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