Zurich's Hallenstadion and Ticketcorner AG have had a co-operation agreement since 2009. This stipulates that at least 50 per cent of all tickets for events at the Hallenstadion must be sold by Ticketcorner.
Competitors Starticket and Ticketportal objected to this and were ruled in favour by the Federal Administrative Court. In the ruling published today, the court states that the ticketing cooperation agreement is anti-competitive under antitrust law and constitutes abusive market behaviour. The matter will now be referred back to the Competition Commission (ComCo) for reassessment.
Complaint initially dismissed
The case has a long legal history. The Competition Commission found that the 50 per cent clause resulted in a quasi-monopoly for Ticketcorner for events at the Hallenstadion. Nevertheless, the co-operation agreement did not distort competition. The competitors were not significantly hindered in competition, even if they might suffer an economic disadvantage.
Starticket, Ticketino and Ticketportal, which were affected by this decision, subsequently lodged a complaint with the Federal Administrative Court. However, the court did not hear the appeal. The ticket providers were not authorised to lodge an appeal.
Federal Court intervened
The three companies then appealed to the Federal Supreme Court. And they were proved right. According to the Federal Supreme Court, competitors must have the opportunity to complain if they suffer a "clearly noticeable disadvantage". An economic disadvantage should not only be affirmed "when effective competition no longer functions".
Consequence of this judgement: The Federal Administrative Court now has to review the content of whether the Competition Commission was right to close the investigation against the Hallenstadion and Ticketcorner. The Competition Commission has now been instructed to carry out a reassessment. (Tagesanzeiger.ch/Newsnet)
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