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Deals 13 Sep 2022 · Switzerland

CMS Switzerland advised Diffulivre

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Diffulivre's successful appeal before the Swiss Supreme Court in the French language books case

Our partners Pascal Favre and Jérôme Levrat have represented Diffulivre, a Swiss company and member of the Hachette Group, in an appeal before the Swiss Supreme Court brought against the judgment by the Swiss Administrative Court of 30 October 2019 concerning the distribution of French language books in Switzerland. In its judgement of 3 August 2022 (2C_39/2020), the Swiss Supreme Court held that more than 90% of the agreements initially sanctioned by the Swiss Competition Commission and by the Swiss Administrative Court were not violating the rules of the Swiss Cartel Act (article 5 para. 4 of the Swiss Cartel Act). The case is therefore returning to the Swiss Administrative Court, which will revise its judgement and more specifically reduce the fine.

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