Switzerland: BMW $156 million antitrust fine upheld by court

The Swiss Federal Administrative Court has upheld a fine of 156 million Swiss francs slapped on luxury auto maker BMW AG for uncompetitive activities, the court said Friday.

Switzerland’s Competition Commission, known by its German acronym WEKO, imposed the fine in May 2012 after it said BMW’s ban on dealers in the European Economic Area selling to countries outside the 31 nation zone, of which Switzerland is not a member, was an unlawful restriction.

The case began in 2010 when a Swiss customer was prevented from buying a new car from an authorized BMW and MINI dealer outside Switzerland.

A week later a Swiss TV show reporting on the subject of motor vehicle imports stated that BMW prevented imports of vehicles of their brands into Switzerland, thereby keeping prices in Switzerland on a high level. The program triggered several complaints from Swiss car buyers to WEKO.

After an investigation WEKO found the contractual export prohibition agreed between BMW and its dealers was an unlawful agreement affecting competition under the Swiss Cartel Act.

Full content: Market Watch

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