Violation of Art. 7 CartA by Appellant 1 and Inadmissible Competition Agreement between the Appellants

Facts

The Hallenstadion Zürich stock corporation (AGH) and Ticketcorner AG concluded a cooperation agreement with a term of five years. The AGH undertook to use Ticketcorner as the exclusive partner in the area of ticketing. Ticketcorner took over the operation of the ticket booths on the premises of the Hallenstadion and was given the opportunity to carry out extensive advertising measures. The AGH sells tickets at the same prices as the other 50% of the tickets plus system usage fee/advance sales fee via its own distribution channels and partners.

The WEKO initiated an investigation against the AGH and Ticketcorner regarding the distribution of tickets in the Hallenstadion Zürich. The lower court lifted the WEKO's ruling and referred the matter back to the WEKO for re-evaluation. The appellants request the annulment of the judgment of the Federal Administrative Court and the confirmation of the WEKO's ruling.

Considerations

The Federal Court examines whether the lower court correctly determined that the behavior of Appellant 1 constitutes anti-competitive behavior in the form of a tied house transaction pursuant to Art. 7 para. 2 lit. f CartA. The court finds that Appellant 1 has abused its dominant market position by using the ticketing clause to tie the sale of tickets to the rental of the Hallenstadion.

The court also examines whether the agreement between Appellants 1 and 2 constitutes an inadmissible competition agreement…