Swiss operator Sunrise said it has filed a lawsuit to claim CHF 350 million in damages from Swisscom due to alleged abuse of the operator's dominant position with its pricing policy for ADSL services. The competition commission had already obliged Swisscom to pay CHF 220 million in November 2009 for abuse of dominant position in broadband internet access (ADSL). Following the appeal from Swisscom, the Federal Administrative Court reduced the fine to CHF 186 million, and the Federal Supreme Court confirmed the ruling of the Federal Administrative Court after a further appeal by Swisscom.
Sunrise commissioned the consulting company Swiss Economics to calculate the damage for the market share loss before filing the lawsuit, it said. The total amounts to CHF 457 million, a higher number than originally assumed.
Swisscom will examine the claim without commenting on pending legal proceedings, it said in a statement. Sunrise said it hopes the lawsuit can be processed quickly, but expects Swisscom “to drag the case”, meaning that it could take years before receiving a final judgment on the claim.
