News
Sunrise sues Swisscom for damages following an abuse in the ADSL wholesale market
Extract from the press release:
Swisscom abused its dominant market position from 2001 to 2007, and unlawfully hindered the competition with its pricing policy for ADSL services. The former monopolist practised a margin squeeze which made it impossible for Sunrise as a wholesale customer, to operate its ADSL business profitably.
This was confirmed by the Federal Supreme Court on December 9, 2019 after a ten-year appeal process. Swisscom was sentenced to a fine of CHF 186 million.
On the basis of this ruling, Sunrise is claiming damages of CHF 350 million plus interest from Swisscom.
Sunrise commissioned the renowned consulting company Swiss Economics to calculate the damage to Sunrise. This is due to the loss of market share and prevented gain in the broadband Internet market and adjacent markets (landline and mobile communications). The total amounts to CHF 457 million, a greater number than originally assumed. As a precautionary measure to prevent limitation, Sunrise had interrupted the statute of limitation for a claim of CHF 350 million and is filing a claim for damages of CHF 350 million plus interest with the Bern Commercial Court today.
Our team includes Christian Jaag, Michael Funk and Matthias Hafner.