Facts
The Starticket AG, the Ticketino AG, and the ticketportal AG (appellants) appealed against the decision of the Competition Commission (ComCo) to discontinue the investigation against the Hallenstadion Zürich AG and the Ticketcorner AG regarding the distribution of tickets at the Hallenstadion Zürich. The ComCo had found that the 50% clauses in the general terms and conditions (GTC) of the Hallenstadion Zürich AG and the cooperation agreement between the Hallenstadion Zürich AG and the Ticketcorner AG had the effect of 100% clauses and thus hindered the appellants in their competition.
The appellants had party status in the proceedings before the ComCo and claimed that they suffered significant economic disadvantages due to the 50% clauses. However, the lower court (Federal Administrative Court) denied the appellants' standing, as they were not significantly hindered in their competition.
Considerations
The Federal Court had to decide whether the appellants, as competitors, had standing. It held that antitrust legislation puts competitors in a special relationship and that they are directly and immediately affected by an unlawful restriction of competition.
The court emphasized that standing under Art. 48 APA is not given simply because of the mere fear of being exposed to increased competition, but rather a worthy special relationship is required. This special relationship can arise from the relevant statutory provisions, in particular when competitors are put in such a relationship by economic policy or other special regulations.
The court further held that antitrust legislation puts competitors in a special relationship with each other and that they are…