Facts
W. SA (hereinafter: [W.]) operates cable networks that supply 15 municipalities in the X. and Y. regions. On September 28, 1999, the Price Supervisor opened an investigation against W. By order dated September 4, 2001, he determined that the subscription prices charged by W. (previously CHF 23.70 per month, excluding taxes and value-added tax) were abusive; he set the monthly subscription price for the period from January 1, 2002 to December 31, 2004 at CHF 17.-.
[W.] appealed against this order to the Appeals Commission for Competition Matters. The Appeals Commission dismissed the appeal by decision of May 21, 2003. On June 23, 2003, [W.] filed an administrative court appeal to the Federal Supreme Court. The Federal Supreme Court dismisses the appeal.
Considerations
The Federal Supreme Court examines whether the lower courts were right to designate the price charged by [W.] as abusive. This particularly concerns the delineation of the relevant market, the need to achieve appropriate profits, and the determination of the relevant cost developments.
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