Facts
Swisscom AG filed an administrative court appeal against a decision of the Federal Communications Commission, which had granted interim measures to the opposing party TDC Switzerland AG (formerly diAx) in the interconnection procedure. The Commission had, among other things, obliged Swisscom AG to develop a standard offer for "shared line access" and "full access" within three months, as well as to provide "bitstream access" in certain regions within three or six months.Considerations
The Federal Supreme Court upheld the appeal and set aside the decision of the Communications Commission. It reasoned that the prognosis of the main proceedings in this case should be considered difficult, as the legal starting point is associated with considerable uncertainties. Given the comparable interests of the parties, it was therefore not justified to change the existing situation on a precautionary basis before clarifying the legal issues, and thus possibly trigger consequences on the market in question whose scope…