CMS Switzerland has 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. The Swiss company was founded in 1978, with the aim of disseminating and distributing books and multimedia material in the country.
In its judgement of 3 August 2022, 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). The case is therefore returning to the Swiss Administrative Court, which will revise its judgement and more specifically reduce the fine.
CMS Switzerland‘s partners Pascal Favre (managing partner Geneva, pictured left) and Jérôme Levrat (head of private equity & commercial Geneva, pictured right) have represented Diffulivre on its successful appeal before the Swiss Supreme Court in the French language books case.