09.04 Principle of impact/market place

09 Competition law

In antitrust law, as in fair trade law, the so-called principle of impact or market place applies. This means that the rules apply in the market on which the corresponding conduct of a market participant has an effect. This applies both to Switzerland (e.g. Cartel Act 2 III) and generally also internationally. This means that if the economic activities of a German company have an impact on the Swiss market, Swiss antitrust and/or fair trade law applies to this German company and its conduct. The same applies in the opposite direction. If Swiss companies are active in the EU, for example, EU antitrust law applies to them in particular. The Swiss elevator company Schindler, for example, felt the effects of this in the context of proceedings brought by the EU Commission. Schindler had to pay a fine of 143.7 million euros in the EU because of its participation in an elevator cartel (s. NZZ Online 18.07.2013 Schindler loses cartel dispute with EU in last instance).

09 Competition law