Swiss Competition Commission – New Investigation into suspected Resale Price Maintenance in the Area of Printer Accessories and Office Supplies

The Swiss Competition Commission (COMCO) announced on 8 June 2023 that it had opened an investigation against the wholesale companies Oridis AG and Ecomedia AG. At the same time, it had carried out dawn raids at various locations. The aforementioned wholesalers are accused of influencing the resale prices of various online retailers in the area of printer accessories and office supplies.

The wholesalers concerned by the investigation belong to the Office World Group, which, according to its own information, is also active at the retail level in Switzerland with 19 of its own points of sale and several online shops and generates annual sales of around CHF 400 million.

In Switzerland, it is generally inadmissible under Art. 5 para. 4 of the Swiss Cartel Act for a manufacturer or dealer to influence the resale prices of independent dealers (so-called resale price maintenance or RPM). Resale prices may neither be influenced directly nor indirectly by means of incentives or pressure. In the event of a violation, direct fines of up to 10% of the total turnover achieved in Switzerland in the last three business years may be imposed. The prosecution of vertical agreements has been one of the enforcement priorities of the Swiss competition authorities for several years.

The presumption of innocence applies to the companies concerned by the investigation.

The press release of the Competition Commission can be found under the link here (in German, French or Italian).