Facts
On 15 May 2000, the Competition Commission opened an initial investigation into the Swiss mobile market due to indications of a collectively dominant position of the three mobile providers Swisscom, Orange and Sunrise. This investigation was closed in 2001, as no dominant position was found in the retail market, but indications of such a position remained in the wholesale market for incoming services (termination).
On 15 October 2002, the Competition Commission opened a new investigation against the three mobile providers. There were indications that they held a dominant position in the wholesale market for telecommunications services incoming to a mobile network and had colluded on termination fees.
On 5 February 2007, the Competition Commission issued the following decision
- It found that Swisscom Mobile AG had a dominant position in the wholesale market for telecommunications services incoming to its mobile network until 31 May 2005.
- It found that Swisscom Mobile AG had abused its dominant position until 31 May 2005 by imposing excessive termination fees on other telecommunications service providers.
- It sanctioned Swisscom Mobile AG for this conduct for the period from 1 April 2004 to 31 May 2005 with an amount of CHF 333,365,685.
- For facts up to 31 May 2005, the investigation against Orange and Sunrise was closed, and for facts thereafter, the investigation was continued.
Considerations
The Federal Administrative Court partially overturned…