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The two judgments of the Swiss Federal Court are, as far as the significance test in Article 5 para. 1 FCA is concerned, of a principal nature and ultimately affect the interpretation of Art. 5 FCA as a whole.
The two judgments of the Swiss Federal Court are, as far as the
significance test in Article 5 para. 1 FCA is concerned, of a
principal nature and ultimately affect the interpretation of Art. 5
FCA as a whole. The Swiss Competition Commission – which has
long been defending a different view of the criterion – wants
the Court's verdict to be confined to the legal presumptions in
Article 5 paras 3 or 4 FCA – whereas outside these
presumptions Article 5 para. 1 FCA would not have the role of a
simple "de minimis rule" but that of a substantive
criterion. Such cannot be the Court's understanding.
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