Facts
The Competition Commission (COMCO) sanctioned companies that had entered into anti-competitive agreements in the Canton of Aargau with a decision dated December 16, 2011. The Canton of Aargau requested access to the case files from COMCO in order to examine whether it had been harmed as a contracting authority and could assert claims for damages. COMCO partially granted the Canton access to the decision and the corresponding evidence. A. AG filed a complaint against this with the Federal Administrative Court, which upheld the complaint and set aside COMCO's decision.
The Federal Department of Economic Affairs, Education and Research as well as the Canton of Aargau filed a complaint against the decision of the Federal Administrative Court. They argue that the disclosure of data to the Canton of Aargau is permissible under Art. 19 para. 1 lit. a of the Federal Act on Data Protection (DPA), as the data is indispensable for the Canton to fulfill its statutory duties.
Considerations
The Federal Supreme Court upheld the complaints. It holds that Art. 19 para. 1 lit. a DPA provides a legal basis for the disclosure of data to the Canton of Aargau, as the data is indispensable for the Canton to fulfill its statutory duties, namely the examination of claims for damages. It is irrelevant whether the cartel law…