The Swiss Federal Supreme Court upheld Ticketcorner‘s appeal against the Federal Administrative Court’s decision of November 24, 2016 accusing Ticketcorner of an abuse of a dominant market position under the Swiss Cartel Act. According to the Court, neither a dominant position nor an abuse of such dominant position by Ticketcorner had been established in the preceding proceedings.
On the other hand, Hallenstadion Zürich was held to have abused its dominant market position in 2009 to 2011 by linking the rental of its venue for concerts to the fact that at least 50 percent of the tickets must have been distributed via Ticketcorner. This ticketing cooperation has been declared unlawful, albeit the agreement did not trigger fines. The case was referred back to the Competition Commission.