February 2016

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.