Refusal to admit a company to a professional association due to unjustified admission conditions

Facts

Comvalor Paradiso AG, a company active in the trade of raw materials, applied to join the Swiss Commodity Industry Association, a professional association created to regulate the sector. The association refused to admit the company due to unjustified admission conditions. Comvalor Paradiso AG then brought a lawsuit to challenge this decision.

The Court of Justice of the Canton of Zurich dismissed Comvalor Paradiso AG's request, considering that the association was not required to admit the company. Comvalor Paradiso AG appealed this decision to the Federal Tribunal.

Considerations

1. The right of association and the CartA

The Federal Tribunal examined the question of whether the professional association constituted a cartel within the meaning of the CartA. It considered that the association aimed to regulate the raw materials trade sector and that its admission conditions were likely to constitute a barrier to competition.

2. Justification of admission conditions

The Federal Tribunal examined the association's admission conditions and considered that they were not justified. It estimated that the association had not provided proof that the admission conditions were necessary to achieve the…