Swisscom: Orange demands repayment of excessive charges
The telecoms company Orange is demanding repayment of over 900,000 Swiss francs from Swisscom. It has filed a claim with the Bern Commercial Court alleging that Swisscom charged it excessive interconnection fees between 2004 and 2006.
The plaintiff claimed on Friday that the former monopolist Swisscom had abused its dominant market position in the fixed network when concluding the contract. Orange had to sign the contract on the fee for the shared use of telecom networks of other providers for the years 2004 to 2006 according to the motto "take it or leave it", as the Orange lawyer said in court according to SDA. The contract contained a clause in which a so-called retroactive third-party effect was excluded. In this way, Swisscom wanted to prevent Orange from being able to invoke later price reductions by the Federal Communications Commission Comcom.
In December 2007, Comcom ruled that Swisscom had charged its competitors COLT Telecom and Verizon Switzerland too high interconnection prices for the years 2004 to 2006. The authority retroactively reduced the prices by 15 to 20 percent.
Orange argues that the exclusion clause is null and void. Swisscom therefore owes it the difference between the lower prices set by the authorities and the fees already paid, which amounts to CHF 913,000. Swisscom sees the legal situation "diametrically differently", as its lawyer said. The contract was concluded between the parties "on an equal footing". The company invokes the so-called primacy of negotiation: freedom of contract takes precedence over official intervention by Comcom.
Swisscom has since changed its contractual practice. Since 2007, the company has agreed a regulation with all competitors for regulated access services, according to which they can also benefit from lower prices which Comcom decrees in a procedure in which they are not involved.
The Commercial Court will announce its verdict in August. Another similar case against Swisscom is pending before the same court, in which Cablecom is the plaintiff. This action relates to the period 2001 to 2003.
In December 2007, Comcom ruled that Swisscom had charged its competitors COLT Telecom and Verizon Switzerland too high interconnection prices for the years 2004 to 2006. The authority retroactively reduced the prices by 15 to 20 percent.
Orange argues that the exclusion clause is null and void. Swisscom therefore owes it the difference between the lower prices set by the authorities and the fees already paid, which amounts to CHF 913,000. Swisscom sees the legal situation "diametrically differently", as its lawyer said. The contract was concluded between the parties "on an equal footing". The company invokes the so-called primacy of negotiation: freedom of contract takes precedence over official intervention by Comcom.
Swisscom has since changed its contractual practice. Since 2007, the company has agreed a regulation with all competitors for regulated access services, according to which they can also benefit from lower prices which Comcom decrees in a procedure in which they are not involved.
The Commercial Court will announce its verdict in August. Another similar case against Swisscom is pending before the same court, in which Cablecom is the plaintiff. This action relates to the period 2001 to 2003.
