Berne, 09 March 2010
The Federal Administrative Court has upheld the main elements of an appeal by Swisscom over a ruling by the Competition Commission (COMCO) regarding allegedly illegal mobile termination fees and has overruled the fine of CHF 333 million. In February 2007 COMCO ruled that Swisscom was market dominant in mobile termination and had violated its position as defined under the Swiss Cartel Act.
The ruling may be referred to the Federal Court. Swisscom will review the reasons behind the ruling point by point over the coming weeks and decide on next steps. No provision has been set aside by Swisscom to cover this fine, which proved to be the right decision based on this ruling.