La profession d'avocat. Tome II. La pratique du métier : de la gestion d'une étude et la conduite des mandats à la responsabilité de l'avocat

Published: 24 October 2013
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Insights 26.04.2024

Swiss Federal Supreme Court redefines abuse of dominant market position

Swiss Federal Supreme Court redefines abuse of dominant market position

In last week’s leading case on the abuse of a dominant position (2C_698/2021), the Federal Supreme Court sweepingly redefines the interpretation of abusive pricing and margin squeezes as well as the interplay between competition law and sector regulation. The court rules that Swisscom had not acted abusively and, therefore, lifts the sanction of around CHF 8m in its entirety. The Federal Supreme Court also sends a clear signal against the increasing (price) interventionism of the Competition Commission (ComCo).

Insights 10.04.2024

Climate change landmark case – European Court of Human Rights condemns Switzerland for not doing enough against climate change

Climate change landmark case – European Court of Human Rights condemns…

In a historic ruling, the European Court of Human Rights ("Court") found that the European Convention on Human Rights ("Convention") encompasses a right to effective protection by the State authorities against the adverse effects of climate change. The Court found that Switzerland had failed to act in a timely and sufficient manner to adopt and implement relevant legislation and measures to mitigate climate change, violating Article 8 of the Convention. Although the judgment is final and binding, the Court did not order Switzerland to take specific measures to comply with the ruling. This new case law will undoubtedly have a significant symbolic and political impact. While the rights protected under the Convention are not directly applicable to private entities such as companies, the judgment may however add further momentum to so-called horizontal climate change lawsuits brought against private entities.

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