PubliGroupe feigns innocence
PubliGroupe II On March 5, 2007, PubliGroupe was fined 2.5 million Swiss francs by the Competition Commission «for abuse of its dominant market position.» However, as has only now come to light, PubliGroupe did not accept the Competition Commission’s ruling.
PubliGroupe II On March 5, 2007, PubliGroupe was fined 2.5 million Swiss francs by the Competition Commission (Weko) «for abuse of its dominant market position.» However, as has only now come to light, PubliGroupe did not accept the Weko’s ruling. «PubliGroupe has appealed this decision to the Federal Administrative Court and continues to maintain that its conduct was never unlawful,» Thomas Bargetzi, CEO of Sales Switzerland, stated in an email to Werbewoche.Weko spokesperson Patrick Ducrey confirms that the advertising giant has appealed the case to the next higher court. In its appeal, PubliGroupe denies that it holds a dominant market position or acted abusively, he says. Consequently, PubliGroupe also considers the sanction to be unjustified. Furthermore, the case can still be appealed to the Federal Supreme Court as the court of last resort, according to Ducrey.
In the case in question, following a complaint filed by the small advertising broker Ad.X, the Weko had determined that PubliGroupe held a dominant market position with regard to the placement of advertisements in print media. According to Weko, PubliGroupe abused this position by compensating other brokers for acquiring advertisements in its own publications only if those brokers adhered to PubliGroupe’s own guidelines. However, these so-called VSW guidelines were worded in such a way that, in the Weko’s opinion, they violated antitrust law. It therefore classified PubliGroupe’s conduct toward the other brokers as generally restrictive and discriminatory.
Meanwhile, PubliGroupe has amended the VSW guidelines in agreement with the Competition Commission. They now comply with antitrust law. PubliGroupe apparently accepts this as well. In any case, Ducrey found nothing in the complaint that would call into question the reformulation of the VSW guidelines. «PubliGroupe’s complaint is primarily directed against the fine,» said Ducrey. «It contains no mention of the mutually agreed-upon solution, which has already been implemented.»
Markus Knöpfli
In the case in question, following a complaint filed by the small advertising broker Ad.X, the Weko had determined that PubliGroupe held a dominant market position with regard to the placement of advertisements in print media. According to Weko, PubliGroupe abused this position by compensating other brokers for acquiring advertisements in its own publications only if those brokers adhered to PubliGroupe’s own guidelines. However, these so-called VSW guidelines were worded in such a way that, in the Weko’s opinion, they violated antitrust law. It therefore classified PubliGroupe’s conduct toward the other brokers as generally restrictive and discriminatory.
Meanwhile, PubliGroupe has amended the VSW guidelines in agreement with the Competition Commission. They now comply with antitrust law. PubliGroupe apparently accepts this as well. In any case, Ducrey found nothing in the complaint that would call into question the reformulation of the VSW guidelines. «PubliGroupe’s complaint is primarily directed against the fine,» said Ducrey. «It contains no mention of the mutually agreed-upon solution, which has already been implemented.»
Markus Knöpfli
