NZZ of 15.2.2016: Digi­tal world chal­lenges com­pe­ti­ti­on watchdogs

On Febru­ary 15, 2016, the NZZ reports on the que­sti­on of whe­ther anti­trust law needs to be adapt­ed to cope with the digi­tal eco­no­my (p. 20):

No chan­ges to anti­trust law are plan­ned in Switz­er­land. For the Com­pe­ti­ti­on Com­mis­si­on (Com­Co), howe­ver, the digi­tal eco­no­my is a key topic this year. An inter­nal working group will exami­ne by the end of the year to what ext­ent the authority’s prac­ti­ce needs to be adapt­ed. As Patrik Ducrey, depu­ty direc­tor of the Weko, explai­ned in respon­se to a que­sti­on, this pri­ma­ri­ly invol­ves que­sti­ons of mar­ket defi­ni­ti­on and taking into account the fact that in the digi­tal world, a strong mar­ket posi­ti­on can be achie­ved more quick­ly, but it can also be lost more quick­ly. This is one of the rea­sons why the Weko recent­ly (refe­rence) gave a cau­tious assess­ment of the joint mar­ke­ting com­pa­ny of SRG, Swis­s­com and Rin­gier, with which the Swiss com­pa­nies want to stand up to US groups such as Goog­le and Face­book. In Switz­er­land, the con­di­ti­ons for pro­hi­bi­ting a mer­ger are stric­ter than in the EU. Some argue that a com­pa­ra­ble joint ven­ture in the Ger­man mar­ket would not have been appro­ved by the Fede­ral Car­tel Office.

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