Franz Werro – The Press and Unfair Competition under Swiss Law
In several recent cases, the Swiss Federal Court has sentenced journalists and authors to criminal and civil sanctions for having violated the rules contained in the 1986 Federal Unfair Competition Act. The Swiss Federal Court found these writers liable for unfair competition because they had criticized products or enterprises in a way that was considered contrary to the requirements of good faith and fair dealing. The fact that these writers
were not in competitive relationship with the plaintiff nor acted with intent to interfere with competition was held irrelevant.