Clear verdict against PubliGroupe
Mediator: In the AdX v. PubliGroupe case, the Weko imposes a fine on the advertising giant.
Intermediaries In the case of AdX vs. PubliGroupe, the Competition Commission imposes a fine on the advertising giant. "Competition Commission puts an end to PubliGroupe's obstruction of SMEs" - these were the unusually harsh words used by the Competition Commission on 20 March in a press release concluding its investigation into P. The result: according to the Competition Commission, P abused its dominant market position in the placement of advertising in print media and is therefore being fined CHF 2.5 million. Specifically, P had used self-formulated criteria to determine which other small and medium-sized enterprises (SMEs) it would and would not compensate for the placement of advertisements. However, several of these criteria were "inadmissible under antitrust law", which is why P "unduly obstructed independent intermediaries and foreclosed the market in its favor", writes the ComCo. It does, however, grant P the mitigating factor that it has since amended the criticized selection criteria in line with the Competition Commission's wishes. But it is sticking to the fine.
PubliGroupe CEO Hanspeter Rohner is "surprised" that the Competition Commission agrees to an amicable settlement and the amended P guidelines, but nevertheless imposes a fine. He does not want to accept the fine, nor the accusation that P has abused its dominant market position. Rohner therefore speaks of an "alleged abuse" and will probably appeal the ruling to the Federal Administrative Court and the Federal Supreme Court. "We have a solid dossier," he says.
SME brokers are pleased about the victory of the AdX agency, although nothing will change as the ruling is not yet legally binding. In addition, the P wants to continue to adhere to its new guidelines. Based on this, it recognized three other agencies last year - including AdX. AdX could at least take civil action for compensation for lost sales before 2006. Owner Werner Baumann has not yet decided whether this will happen.
Markus Knöpfli
PubliGroupe CEO Hanspeter Rohner is "surprised" that the Competition Commission agrees to an amicable settlement and the amended P guidelines, but nevertheless imposes a fine. He does not want to accept the fine, nor the accusation that P has abused its dominant market position. Rohner therefore speaks of an "alleged abuse" and will probably appeal the ruling to the Federal Administrative Court and the Federal Supreme Court. "We have a solid dossier," he says.
SME brokers are pleased about the victory of the AdX agency, although nothing will change as the ruling is not yet legally binding. In addition, the P wants to continue to adhere to its new guidelines. Based on this, it recognized three other agencies last year - including AdX. AdX could at least take civil action for compensation for lost sales before 2006. Owner Werner Baumann has not yet decided whether this will happen.
Markus Knöpfli
