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Latest developments on vertical agreements in Swiss competition law
The Swiss Federal Administrative Court (“FAC”) recently passed two new judgments on vertical agreements. In the first judgment, the Court endorsed its previous Gaba case law and confirmed a sanction against BMW AG (“BMW”) amounting to CHF 156 million for restricting direct and parallel imports. In the second judgment, however, it annulled a sanction against Altimum SA (“Altimum”) for alleged resale price maintenance. The crucial question in both cases - whether hard core restrictions on prices or territories constituted per se significant restraints of competition subject to fines - was decided contradictorily.