Facts
Giusep Livers requested an authorization from Elektrizitätswerk Bündner Oberland AG (EWBO) to carry out electrical installations in its distribution network. EWBO refused this request, citing its interest in maintaining qualified personnel to ensure uninterrupted and incident-free electricity supply in its topographically challenging service area. Livers then filed an action against EWBO for unlawful restraint of competition, arguing that the company held a monopoly position in the electricity supply in the Upper Engadin and that its refusal should be judged according to cartel law. The cantonal court granted Livers' request. EWBO appealed this decision.Considerations
The Federal Tribunal considers that the dispute falls under public law and not private law. Indeed, EWBO, as a concessionaire responsible for electricity distribution in its service area, performs public authority tasks, including the control and granting of permits for domestic electrical installations, in accordance with federal regulations.…