In the Media

Ways out of the subscription trap?

The practice of unwanted subscription renewals has recently been exacerbated by companies sending "invoices" for such subscriptions even though they were not ordered.

At the request of the Tagesanzeiger, Prof. Loacker has answered the question of what action can be taken against this from the specific perspective of the Federal Act against Unfair Competition (UWG) here and here (PDF, 265 KB).

Liability of ski lift operators

When it comes to liability issues in connection with winter sports, the focus is not only on "classic" skiing accidents, but also increasingly on the liability of ski lift operators. The NZZ of 17.1.2024 (PDF, 123 KB)  asked Prof. Loacker about his assessment in this regard.

Elections of judges

... have always been a hotly contested topic in Switzerland. In our opinion, a reform is urgently needed (NZZ of 8.12.2023 (PDF, 737 KB)).

Major success for the fair price initiative

... this was the headline in the NZZ about the project to revise the Cartel Act (KG) and the Unfair Competition Act (UWG). Our Chair, which has provided scientific support for this project from the outset, is delighted that the indirect counter-proposal, which takes account of the legitimate objectives of the initiative, was adopted  by Parliament on 19 March 2021. The new regulation comes into force on 1 January 2022.

- see in detail Loacker/Blumer, SJZ 2021, 1055 ff.

Review IPRax 3/2021
IPRax, the leading German specialist journal on IPR/IZVR, writes in its issue 3/2021, 325 about our Basel IPRG commentary, among other things: "The standard-setting classic on Swiss IPRG. The European conflict of laws is taken into account in the arguments; European, in particular German, literature has been incorporated. A highly efficient commentary both academically and in legal practice."

WAK-S backs indirect counter-proposal to the fair price initiative
In the statement submitted to the WAK-S on 20 October 2020 (PDF, 293 KB), our Chair once again - the first statement (PDF, 170 KB) was addressed to the Federal Council in November 2018 - made three recommendations on the current revision of antitrust law. It is therefore to be welcomed that the Commission is in favour of the indirect counter-proposal with a clear voting result and at the same time is implementing one of our proposals with the motion to expand the term in Art. 4 para. 2bis. Further information can be found here.

Fair price initiative in the Council of States
Der Lehrstuhl hat sich in einer an die Kommission für Wirtschaft und Abgaben des Ständerates (WAK-S) gerichteten die gleichzeitig von 20 Professorinnen und Professoren verschiedenster schweizerischer Rechtsfakultäten unterzeichnet bzw. unterstützt wurde, im Rahmen der laufenden Kartellrechtsrevision klar für eine Zustimmung zu den des Nationalrats ausgesprochen. Damit unterstützt er im Ergebnis auch die Anliegen der Volkiniative.

In a statement (PDF, 293 KB) addressed to the Committee for Economic Affairs and Taxation of the Council of States (WAK-S) in October 2020, which was simultaneously signed or supported by 20 professors from various Swiss law faculties, the Chair clearly spoke out in favour of approving the latest resolutions of the National Council as part of the ongoing revision of antitrust law. As a result, it also supports the concerns of the popular initiative "Stop der Hochpreisinsel – für faire Preise".

Tagesanzeiger: Corona and nightlife
The Tagesanzeiger asked us for an assessment of the legal situation of Zurich club operators who could face claims for damages from their guests if they claim to have been infected with the Covid-19 virus in a nightclub.

Read the report here (PDF, 1 MB).

RTR programme: IKEA chest of drawers case
For the RTR programme "Vita e cretta", Prof. Dr. Loacker was interviewed on the so-called IKEA chest of drawers case, which deals with fundamental questions of the assessment of compensation for relatives of small children who died as a result of furniture falling over.

The article is available here (MP3, 8 MB).

National Council adopts indirect counter-proposal to the fair price initiative
You can find the chair's statement here.

Review in Plädoyer 6/2020
In issue 6/2020, Plädoyer writes about our UWG commentary: "Anyone who has purchased the commentary by Heizmann and Loacker hardly needs any additional literature on the subject at present." You can find the review in full text here and further information on the work discussed here .

Electric cars and price transparency
In Switzerland, "electric filling stations" repeatedly attract attention due to their non-transparent pricing. The consumer magazine Saldo has published a report on this and asked the Chair for an assessment under competition law.

You can find the entire report here (PDF, 243 KB).

Consultation on the indirect counter-proposal to the Fair Price Initiative in the WAK-N
You can find the chair's statement here.

Liability insurance and the ECJ
Prof Dr Loacker gave a lecture at the Paris Lodron University of Salzburg on ECJ case law in the field of liability insurance.

You can find the press report here (PDF, 3 MB).

Christmas edition of the "UZH News" magazine
For the Christmas edition of "UZH News" (PDF, 655 KB) we were asked for a legal assessment of the practically frequent question of how long vouchers given as gifts are valid.

Statement on the planned amendment to the Cartel Act

In connection with the consultation on the amendment to the Cartel Act, the Chair has commented in detail on the Federal Council's indirect counter-proposal. The statement was issued simultaneously on behalf of Professors Nobel, Schwander and Kley and is supported by a number of other renowned professors of law from all over Switzerland.

You can view the full text of the statement here (PDF, 170 KB).