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) Diagnosis: Evaluation of market entries, new distribution systems, marketing strategies, acquisitions and the creation or consolidation of positions of power planned by consortia or other forms of cooperation, such as joint ventures.

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

(iii) Current mandates (selection): Automotive industry, banks and brokerages, energy industry, capital goods industry, credit card companies, aviation industry, media and advertising agencies, pharmaceuticals, production and distribution of consumer goods, jewelry and watch industry, tobacco industry, publishing companies.

Domestic market

Ensuring free and equal access to the Swiss market

(i) Diagnosis: Determine the factual basis as relevant to antitrust law and/or the competition commission (WEKO). Describe and determine the BGBM violation concerned, or the legal consequences resulting therefrom.

(ii) Remedy: Design and implement measures to enable the legal prosecution of a BGMB violation, or to minimize the risk of litigation.

Risk analysis

Risk analysis and elimination of antitrust law legacy issues

(i) Diagnosis: Analyze existing contracts, distribution systems and types of cooperation (ARGE, consortium contracts, joint ventures), market-relevant behavior patterns, internal and external corporate communications (including e-mails and chatrooms), as well as press appearances.  Identify potential antitrust risks.

(ii) Remedy: Develop recommendations to reduce and eliminate antitrust law-related risks without suffering negative financial consequences and collateral damage (compensation and reputational damage).

(iii) Current mandates (selection): Automotive industry, media and advertising agencies, production and distribution of consumer goods, tobacco industry, publishing companies.

Alternative dispute resolution

Extra-judicial settlement of legal disputes

(i) Diagnosis: Determine the factual basis as relevant to antitrust law, and/or in the context of an arbitration tribunal. Describe and determine the antitrust violation and the damages resulting therefrom.

(ii) Remedy: Evaluate the likelihood that a claim will be successful (in terms of compensation and removal claims) or explore a potential defensive strategy against a claim. Prepare and conduct extra-judicial proceedings.

(iii) Current mandates (selection): Automotive industry

Government subsidies

Implement government subsidies that comply with competition laws, prevent government subsidies that violate competition laws

(i) Diagnosis: Analyze the impact of existing or planned government subsidies, as well as other government interventions, in relation to competition as a whole or to individual competitors.

(ii) Remedy: Develop and implement antitrust policy campaigns and initiate legal steps against government distortion of competition.
Public tender and procurement law.

Public tender and procurement law

Design of and representation in procurement procedures

(i) Diagnosis: Analyze planned procurement procedures (for public authorities) and identify flaws in ongoing procurement procedures (for companies).

(ii) Remedy: Develop and implement procurement procedures that comply with competition law and prepare and conduct proceedings before/against the awarding authorities.

(iii) Current mandates (selection): Railroad industry.

Administrative proceedings

Antitrust law-related administrative proceedings and reporting of mergers

(i) Diagnosis: Determine the factual basis in the context of antitrust law and as relevant to the competition commission (WEKO). Describe and determine the antitrust violation or the company merger that is subject to reporting requirements.

(ii) Remedy: Evaluate the probability of success of a complaint, of defensive measures filed against a complaint, or of company mergers. Prepare and conduct litigation before all instances, including the Federal Supreme Court, in regard to prohibited agreements affecting competition (cartels), market abuse and merger control.

(iii) Current mandates (selection): Automotive industry, banks and brokerages, credit card companies, production and distribution of consumer goods, jewelry and watch industry, tobacco industry, publishing companies.

Civil proceedings

Civil antitrust proceedings

(i) Diagnosis: Determine the factual basis in the context of antitrust law and from the perspective of a judge. Describe and determine the antitrust law violation or the potential claims in relation to antitrust law.

(ii) Remedy: Evaluate the probability of success of a lawsuit (in particular regarding claims for compensation and removal) or of potential defensive measures against a plaintiff. Prepare and conduct the proceedings.

(iii) Current mandates (selection): Automotive industry, patent rights.