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COMCO Decision regarding Road Surfacing Plants – Proceeding Discontinued without any Consequences for STRABAG

22 February 2022 – The Swiss Competition Commission (COMCO) informs about its decision in the investigation regarding Road Surface Plants in the Canton of Berne (Belagswerke Bern).

The COMCO fines the road surface plant BERAG (BERAG Belagslieferwerk Rubigen AG) in the amount of approximately CHF 1,5 million. In the COMCO’s view, BERAG abused its market dominant position by granting preferential conditions to shareholders and retaining customers through a loyalty bonus scheme. BERAG has already announced that it will file an appeal against the decision with the Federal Administrative Court. Furthermore, the COMCO sanctions various construction companies in the total amount of over CHF 400.000. According to the COMCO, these companies, as BERAG shareholders, entered into an inadmissible territorial market allocation agreement by means of a non-competition clause.

In contrast, the COMCO discontinued the proceedings against various companies, including STRABAG AG, without consequence. CORE Attorneys represented STRABAG AG throughout the proceedings.

Further information can be found in COMCO’s press release and press kit published here in German, French and Italian.

CORE Attorneys is a boutique law firm in Switzerland, focusing on competition/antitrust law, regulatory and distribution law matters. Visit our News & Insights and follow us on LinkedIn for regular updates on all our focus areas.