Legal

AGON PARTNERS supports, counsels and represents companies (large enterprises and SMEs), associations, industry organizations and private individuals across the full range of civil and administrative antitrust proceedings.

Counselling

Practical overview and customized measures

(i) Diagnostic: Evaluation of planned entries into the market and new distributions systems by consortiums or other forms of cooperations (joint venture), of marketing strategies, of acquisitions and of development or expansion of positions of power.

(ii) Remedy: customized (“only as much as necessary”) structuring, development and implementation of business decisions.

(iii) Current mandates (selected mandates): Automotive industry, banks, brokers, energy industry, capital goods industry, consumer goods industry, credit card industry, aviation industry, media and advertising agencies, patent rights, pharmaceutical industry, jewellery and watch industry, tobacco industry, publishing companies.

Domestic market

Ensuring free and equal access to the Swiss market

(i) Diagnostic: Ascertaining the set of facts relevant to antitrust law  – analogous to the Competition Commission. Describing and determining any BGBM-infringement or the legal consequences resulting therefrom.

(ii) Remedy: Designing and implementing measures to make prosecution for a BGMB-infringement possible, or to minimize the risk of litigation.

Risk analysis

Risk analysis and elimination of legacy issues

(i) Diagnostic: Analysing existing contracts and distribution systems, cooperations (ARGE, consortium contracts) and joint-ventures, market-relevant behavioural patterns, e-mails and chatrooms, internal/external communication as well as press appearances.  Evaluating antitrust risks.

(ii) Remedy: Recommendations for eliminating relevant risks without causing potential damaging consequences and collateral damage (reputation and compensation damages).

(iii) Current mandates (selected mandates): Automotive industry, consumer goods industry, media and advertising agencies, tobacco industry, publishing companies.

Alternative dispute resolution

Extrajudicial determination of legal disputes

(i) Diagnostic: Determining the set of facts relevant to antitrust law – analogous to an arbitration tribunal. Describing and determining any antitrust violation and the damages flowing therefrom.

(ii) Remedy: Evaluating a claim’s likelihood of success (compensation damages and removal claims), or of defences to a claim. Preparing and conducting extrajudicial proceedings.

(iii) Current mandates (selected mandates): Automotive industry

Government aid

Implementing state aid that complies with competition laws, and preventing state aid that violates competition laws

(i) Diagnostic: Analyse the impacts of existing or planned governmental aid as well as other governmental interventions with regard to individual competitors or competition as whole.

(ii) Remedy: Developing and implementing antitrust campaigns as well as lodging appeals against governmental distortions of competition.

Submission and procurement law

Design of and representation in procurement proceedings

(i) Diagnostic: Analysis of planned procurement proceedings (for authorities) as well as determination of flaws in ongoing procurement proceedings (for companies).

(ii) Remedy: Development and implementation of competitive procurement proceedings and preparation and conduct of proceedings before/against awarding authority.

(iii) Current mandates (selected mandates): Railroad industry

Administrative proceedings

Antitrust administrative proceedings and reporting of mergers

(i) Diagnostic: Determination of the antitrust state of facts – analogous to the competition commission (WEKO). Description and determination of the antitrust violation respectively the to be reported company mergers.

(ii) Remedy: Evaluation of the probability of success from a complaint respectively of the protective measures against a complaint or company mergers. Preparation and conduct of proceedings before all instances (competition commission, federal administrative court, federal supreme court) with regards to inadmissible noncompete agreements (cartels) and market abuse as well as merger control (merger &acquisition).

(iii) Current mandates (selected mandates): Automotive industry, banks, brokers, consumer goods industry, credit card companies, jewellery and watch industry, tobacco industry, publishing companies.

Civil proceedings

Antitrust civil proceedings

(i) Diagnostic: Determination of the antitrust state of facts – analogous to the competition commission (WEKO). Description and determination of the antitrust violation respectively the to be reported company mergers.

(ii) Remedy: Evaluation of the probability of success from a law suit (compensation damages and removal claims) respectively of the protective measures against a plaintiff. Preparation and conduct of the proceedings.

(iii) Current mandates (selected mandates): Automotive industry, patent rights