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Searching Content indexed under Corporate/Commercial Law by Tavernier Tschanz ordered by Published Date Descending.
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1
Competition Switzerland - Q2 2010
The Secretariat of the Federal Competition Commission calls for fines of up to CHF 25.5 million against companies in the perfume and cosmetics sector for alleged cartel activities.
Switzerland
22 Jul 2010
2
Insolvency – Debt Restructuring Moratorium - "lis pendens" (1988 Lugano Convention)
The Swiss Supreme Court forced a creditor to argue simultaneously the same claim at the forum applicable to that claim and at the Swiss forum of a debt-restructuring moratorium.
Switzerland
4 Mar 2010
3
Arbitration Newsletter (October 2009)
In April 2003, Swedish citizen A, residing in Italy and BVI registered Corporation Y entered into a sale and transfer agreement pertaining to the company X (the "Sale Agreement").
Switzerland
27 Oct 2009
4
Effect Of A Pre-Arbitration Conciliation Or Mediation Requirement
An award was challenged for want of going through pre-arbitration conciliation. The clause read in part (in translation): Any controversy or dispute relating to the present contract and which cannot be resolved amicably (including conciliation under the WIPO rules) shall be submitted to an arbitral tribunal which alone shall have jurisdiction to decide finally, to the exclusion of the ordinary courts. Moreover, the arbitral tribunal shall alone have jurisdiction to decide on any dispute conc
Switzerland
20 Sep 2007
5
Swiss Competition Report - 1st Quarter 2006
In a decision dated March 6 2006, the FCC cleared the acquisition of AZM Aargauer Zentralmolkerei AG (AZM) by Emmi AG (Emmi). The FCC concluded that the merger created a dominant position of Emmi on the Swiss markets for milk, alimentary cream and butter, but cleared the acquisition on the basis of the Failing Company Defence. Without the acquisition, AZM would have disappeared and Emmi would have gained AZM's market shares.
Switzerland
9 May 2006
6
National Competition Law Report – Q4 2005 - Switzerland
On December 21 2005, the FCC issued a final Notice on de minimis exemptions to restrictive agreements. The FCC only made formal amendments to the draft notice that had been submitted to public comments on July 2004. Considering that the Notice is based on recent amendments to the Competition Act, the FCC will assess the effects of the Notice after a two-year periods.
Switzerland
2 Feb 2006
7
National Competition Law Report – Q4 2005 - Switzerland
On December 21 2005, the FCC issued a final Notice on de minimis exemptions to restrictive agreements. The FCC only made formal amendments to the draft notice that had been submitted to public comments on July 2004. Considering that the Notice is based on recent amendments to the Competition Act, the FCC will assess the effects of the Notice after a two-year periods.
Switzerland
 
7 Dec 2005
Swiss Competition Law - Landmark Decision by the Supreme Court
Since the entry into force of the Swiss Competition Act in 1996, the question as to the capacity of third parties to appeal decisions regarding concentrations has remained controversial. In a decision dated June 14 2005, the Swiss Supreme Court eventually held that third parties (including competitors) have no right to appeal decisions regarding concentrations (irrespective of any interest they may have).
Switzerland
5 Jul 2005
9
Immediate Appeal Against Interim Awards
issue is whether interim awards have to be challenged immediately or only together with the final award. For many years, the answer turned on whether an interim award resulted in "irreparable damage" to a party. The Swiss Supreme Court has recently changed this practice. The answer now depends on whether an interim award is characterized as a partial award or as an interlocutory decision.
Switzerland
31 May 2005
10
Swiss Competition Report - Reporting Period: October 04 - December 04
This article reviews developments concerning the Federal Act of October 6, 1995 on Cartels and Other Restraints of Competition (the "Competition Act"), which is enforced by the Federal Competition Commission ("FCC"). Appeals against decisions of the FCC are heard by the Appeal Commission for Competition Matters (the "Appeal Commission").
Switzerland
27 Jan 2005
11
Awards Based on Grounds not Submitted by the Parties
Awards made in Switzerland may be challenged (directly before the Supreme Court) if the arbitrators have violated the parties’ "right to be heard in adversary proceedings" (guaranteed by Articles 182(3) and 190(2)(d) of the Swiss Private International Law Act).
Switzerland
8 Nov 2004
12
Swiss Competition Report - Reporting Period : January 04 – March 04
This section reviews developments concerning the Federal Act of October 6, 1995 on Cartels and Other Restraints of Competition (the "Competition Act"), which is enforced by the Federal Competition Commission ("FCC"). Appeals against decisions of the FCC are heard by the Appeal Commission for Competition Matters (the "Appeal Commission").
Switzerland
13 May 2004
13
Swiss Competition Report - Reporting Period: October 03 – December 03
On December 4, 2003, the FCC announced that the investigation opened on April 15, 2002 against TicketCorner in relation to the exclusivity provisions, which it included in its distribution agreements with event organizers showed that TicketCorner had abused of its dominant position.
Switzerland
11 Feb 2004
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