Switzerland Ends Fiber Dispute Appeal After Ruling Overturns 18.4 Million-Franc Fine
Key Facts
Keystone-SDA reported on November 12, 2026, that Switzerland’s Federal Department of Economic Affairs, Education and Research had decided not to appeal to the Federal Supreme Court against the Federal Administrative Court ruling in favor of Swisscom. The ruling is therefore final, ending the appeal round in the competition dispute over the design of the company’s fiber-optic network. Patrick Ducrey, director of the Swiss Competition Commission, said the ministry had informed the commission that it did not want “further delays in expanding key infrastructure, namely fiber optics.” The ruling had overturned the commission’s decision and the fine it imposed on Swisscom. The move ends the legal proceedings in the case, while the company continues to assess the ruling’s impact on its network plans.
The Competition Commission issued its decision in December 2023, concluding that Swisscom had abused its dominant position and imposing a fine of 18.4 million Swiss francs, according to Keystone-SDA’s report. Swisscom said on October 13 that the Federal Administrative Court had overturned the commission’s decision and the 18 million-franc fine, ruling that the company did not hold a dominant market position as defined by the commission. The difference in the fine amounts between the two statements reflects how the amount was presented in each source: 18.4 million francs in Keystone-SDA’s report and 18 million in the company’s statement. The case dates back to an investigation opened by the commission in December 2020 into a point-to-multipoint fiber network architecture. After the commission’s decision in December 2023, Swisscom appealed to the Federal Administrative Court.
The dispute concerned how fiber was connected from the telephone exchange to the street cabinet and then to homes. Keystone-SDA said Swisscom’s design reduced the number of feeder lines from the exchange to the street cabinet to one, while the Competition Commission wanted a line to each home. The commission objected to the use of a point-to-multipoint architecture, abbreviated as P2MP, in the fiber network. According to Swisscom’s statement on the court ruling, the court concluded that this architecture did not violate competition law and did not meet the conditions for the measures ordered by the commission. The court also said, according to the company, that Swisscom did not hold a dominant market position under the commission’s definition. The judicial appeal thus ended in the company’s favor, without settling the details of its future plan.
The dispute is ending as Swisscom’s network expansion continues. The company said its fiber network covered 59% of homes and businesses at the end of September 2026. In its October 13 statement, the company said new connections would continue for the time being using a point-to-point architecture, abbreviated as P2P, and that it would assess the ruling’s implications for further expansion. It then said in its November 5 results statement that it was reviewing the ruling and its effects, and would decide on any potential network changes after completing its analysis. The ministry’s decision not to appeal does not mean Swisscom has announced an immediate change to its connection method; the company kept new connections on P2P in its earlier statement and linked any potential changes to the completion of its review. The expansion path remains tied to the decision the company will make after completing that analysis.
In the market, shares trading under the ticker SCMWY closed at $85.32 on November 11, 2026, according to EL7 data. That close came before Keystone-SDA’s report on the decision not to appeal, published the following day, so it does not represent a price reaction to the announcement on November 12. The available evidence did not include share-price movement after the news was published. Swisscom’s next scheduled financial event is the release of its 2026 financial-year results and annual report on February 11, 2027. This follows the company’s November 5 statement that it was still reviewing the ruling and would determine any potential network changes after completing its analysis.