The outcome was awaited not only by the entire book industry, but also by entire sections of the Swiss economy which were watching for the possibility of dealing a blow to the island of high prices. The leading bookstore in French-speaking Switzerland should in the future be able to obtain supplies directly from France under the conditions in force in France, ruled out the anti-cartel policeman.
It is an indisputable reality: the high cost island heavily penalizes Swiss consumers and businesses. Entering into force almost 3 years ago, the revision of the law on cartels was supposed to give new impetus to fight against a phenomenon which is considered, sometimes wrongly, as impossible to counter. But the procedures are complex and take time.
The revision of the Cartel Act introduced the concept of “relative market power”. Clearly, a company no longer needs to be in a dominant position to fall within the scope of illicit practices. But this new legal standard has resulted in fewer complaints than expected, with companies often fearing retaliation.
This verdict is a small victory
Payot stepped into the breach to challenge what she considered to be an undue increase in the price of books imposed on Swiss booksellers. The company now wins its case. It remains to concretely apply the decision of the Competition Commission (Comco), provided that the Madrigall group does not appeal and this file does not turn into an interminable legal battle.
It will then be up to Payot to demonstrate that by filing a complaint the company was not only thinking about its margins, under pressure, but also about its customers. In any case, Swiss prices will never be able to reach those of France, due to the significantly higher level of salaries and charges, the brand has already warned.
The fact remains that the Comco verdict represents a small victory. This first decision in principle could have a spillover effect on other companies and other sectors of activity. Additionally, some suppliers may be encouraged to return to the negotiating table and finally offer reasonable prices. To really relieve consumers' wallets.
