Facts
The Federal Supreme Court upheld in its judgment of April 23, 2024 the decision of the Competition Commission (COMCO) against Swisscom (Switzerland) AG and [A. AG] (formerly [B. AG] ) for abuse of a dominant market position. The appellants had held a dominant market position in the national markets for the provision of Swiss football and ice hockey broadcasts as well as certain foreign football broadcasts on pay-TV during the period from 2006 to 2013 and had abused this position.
The Federal Supreme Court confirmed that the appellants had violated Art. 7 para. 2 lit. a-c of the Cartel Act by refusing other TV platform providers access to the content of the [C.] -sports channels 1-3 or the French-language [C.] -sports offering, which was considered essential, discriminating against trading partners, and imposing unreasonable business conditions. These behaviors were capable of hindering the competitors of "Swisscom TV" in the competition.
The Federal Supreme Court further stated that the sanction of CHF 71,818,517.-- imposed by COMCO was lawful. The lower court had correctly taken into account the base amount, the duration of the infringement, and…