Swiss Federal Supreme Court quashes decision accusing Ticketcorner of an abusive conduct under the Swiss Cartel Act
In its decision of February 12, 2020 the Swiss Federal Supreme Court upheld Ticketcorner's appeal against the Federal Administrative Court's decision of November 24, 2016 accusing Ticketcorner of an abuse of a dominant market position under the Swiss Cartel Act. The Court held that neither a dominant position nor an abuse of such dominant position by Ticketcorner had been established in the preceding proceedings. By contrast, Hallenstadion Zürich was held to have abused its dominant market position in 2009 to 2011 by linking the rental of its venue for pop and rock concerts to the requirement that at least 50 percent of the tickets for the respective concerts must be distributed via Ticketcorner. The Court further held that this ticketing cooperation clause between Hallenstadion Zürich and Ticketcorner was an unlawful, albeit an agreement that did not trigger fines. The case was referred back to the Competition Commission.
Lenz & Staehelin represented Ticketcorner and Hallenstadion Zürich. The team was led by partner Marcel Meinhardt and included associates Désirée Stebler and Sinem Süslü, all Competition.