ComCo issues clear verdict against PubliGroupe
In the AdX v. P case, the Weko has imposed a fine on the advertising giant—with the stark statement: «Weko puts an end to Publigroupe’s obstruction of SMEs.».
In the AdX v P case, the Competition Commission fines the advertising giant. "ComCo puts an end to Publigroupe's obstruction of SMEs" - with these unusually harsh words, the Competition Commission issued a statement on 20 March at the end of its investigation into P. The result: according to the ComCo, 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 companies (SMEs) it wanted to compensate for the placement of advertisements and which it did not. 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. However, it conceded in mitigation that P had amended the criticized selection criteria during the proceedings in line with the Competition Commission's wishes and had also applied them since January 2006. Nevertheless, it upholds the fine. PubliGroupe CEO Hanspeter Rohner was "surprised" that the Competition Commission agreed to an amicable settlement and the amended P guidelines and then imposed a fine after all. He does not want to accept the fine, nor the accusation that P has abused its dominant market position. Rohner therefore only speaks of an "alleged abuse" and intends to appeal the ruling to the Federal Administrative Court - and, if necessary, to the Federal Supreme Court. "We have a solid dossier," he says.
Although SME brokers are pleased about the victory of the AdX agency, nothing has actually changed. This is because the ruling is not legally binding. In addition, the P wants to continue to adhere to its new guidelines. Based on this, it recognized three other intermediaries last year - including AdX. However, AdX could now take civil action to claim compensation for lost sales prior to 2006. Owner Werner Baumann has not yet decided whether he will do this.
Markus Knöpfli
Although SME brokers are pleased about the victory of the AdX agency, nothing has actually changed. This is because the ruling is not legally binding. In addition, the P wants to continue to adhere to its new guidelines. Based on this, it recognized three other intermediaries last year - including AdX. However, AdX could now take civil action to claim compensation for lost sales prior to 2006. Owner Werner Baumann has not yet decided whether he will do this.
Markus Knöpfli
