Federal Court: PostCom Must Review the Acquisition of Livesystems

The Swiss Post’s acquisition of Livesystems AG has been the subject of review by Swiss authorities and courts for several years. The Federal Supreme Court has now confirmed PostCom’s jurisdiction to review the acquisition. The written reasoning for the ruling was served on the parties on August 28, 2026.

Specifically, PostCom must examine whether the acquisition of Livesystems in 2021 was carried out within the scope of Swiss Post’s legally permissible corporate purpose as defined in Article 3 of the Postal Organization Act (POG).

The Federal Supreme Court also confirmed that competitors directly affected by the matter have standing in the relevant PostCom proceedings. This means that Goldbach Neo OOH AG can also assert its interests in the proceedings.

The proceedings have been ongoing since 2021

The proceedings were initiated following Swiss Post’s acquisition in 2021 of Livesystems AG, a company operating in the digital outdoor advertising sector. Subsequently, Goldbach Neo OOH AG filed a regulatory complaint with PostCom. In 2022, the Commission declined to consider the complaint.

In 2024, the Federal Administrative Court upheld the appeal and remanded the case to PostCom for reconsideration. Swiss Post subsequently appealed the decision to the Federal Supreme Court.

In rulings dated May 26, 2026, the Federal Supreme Court dismissed Swiss Post’s appeals. The corresponding rulings bear the case numbers 2C_8/2025 and 2C_9/2025. With the written notification of the grounds for the ruling now having been issued, the decision is fully available to the parties.

AWS Expects a Prompt Review by PostCom

The industry association AWS Aussenwerbung Schweiz welcomes the decision. The association represents, among others, the interests of Goldbach Neo OOH AG and views the ruling as clarifying PostCom’s previously disputed jurisdiction.

Markus Ehrle, president of AWS Aussenwerbung Schweiz, is calling for the swift implementation of the Federal Supreme Court’s ruling: «Swiss Post can no longer evade this long-overdue oversight with endless, fruitless objections and appeals.»

From the association’s perspective, PostCom should now promptly examine whether the acquisition of Livesystems is compatible with the Swiss Postal Service’s statutory purpose. At the same time, AWS is calling on the Swiss Postal Service to scale back its activities in highly competitive sectors such as outdoor advertising and to refrain from cross-subsidizing such activities.

Decision to Be Made as Part of the Ongoing Legislative Review

The Federal Supreme Court’s ruling comes amid an ongoing revision of postal legislation. On June 24, 2026, the Federal Council opened the consultation process on the partial revision of the Postal Act (PG) and the Postal Organization Act (POG). The consultation period runs through October 15, 2026.

Among other things, this concerns the future scope of Swiss Post’s operations. AWS Aussenwerbung Schweiz has announced that it will incorporate the findings from the Federal Supreme Court’s ruling into the ongoing legislative process.

At the same time, the National Council's Committee on Economic Affairs and Taxation (WAK-N) is considering the Grossen parliamentary initiative (23.462), which provides for more extensive legal protection for affected companies.

Timeline

• 2021: Swiss Post is acquiring Livesystems AG, a company active in the field of digital outdoor advertising.
• 2021/2022: Goldbach Neo OOH AG files a regulatory complaint with PostCom. PostCom does not address the complaint in 2022.
• 2024: The Federal Administrative Court grants the appeal and remands the case to PostCom for reconsideration.
• 2025: Swiss Post is appealing the decision to the Federal Supreme Court.
• May 26, 2026: The Federal Supreme Court dismisses Swiss Post's appeals and affirms PostCom's jurisdiction as well as the standing of the affected competitors.
• June 24 through October 15, 2026: Federal Council Consultation on the Partial Revision of the Postal Services Act and the Postal Organization Act.
• August 28, 2026: The written reasoning for the judgment will be served on the parties.