October 14, 2026 | by Swisscom AG
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October 14, 2026, The Federal Administrative Court (FAC) has upheld Swisscom’s appeal in the fibre-optic court case and overturned the Competition Commission (COMCO) decision including the CHF 18 million fine. Swisscom does not hold a dominant position in the relevant market as defined by the COMCO. Swisscom welcomes the FAC’s ruling. The judgment is still subject to appeal before the Federal Court.
The FAC ruled that the point-to-multipoint (P2MP) topology originally adopted by Swisscom for the fibre rollout neither infringed competition law nor fulfilled the conditions for the measures ordered by the COMCO. According to the FAC, Swisscom does not hold a dominant position in the market defined by the COMCO and therefore cannot have infringed competition law.
Efficient approach for rapid nationwide rollout
Swisscom remains convinced that its originally adopted P2MP topology, now confirmed by the FAC ruling, is a future-proof approach, enabling a rapid and cost-efficient rollout of optical fibre access throughout Switzerland. Moreover, P2MP topology is the prevailing architecture for the FTTH rollout in most EU states. It is accepted by the regulatory authorities and considered compliant with competition law. With this ruling, the FAC has determined that the P2MP approach is also compliant with Swiss competition law.
Fast fibre rollout across Switzerland
Swisscom remains committed to advance the fibre rollout at pace. For the time being, new connections continue to be installed in the point-to-point (P2P) topology. Swisscom’s overarching objective has always been to supply as many households and businesses as possible with high-speed optical fibre access. The rollout of state-of-the-art digital infrastructures is essential to Switzerland’s competitiveness and innovation.
Proceedings ongoing since 2020
The original investigation into the P2MP topology used for the fibre rollout was opened by the COMCO in December 2020. At the same time, precautionary measures were ordered, prohibiting the commissioning of new P2MP connections. In December 2023, the COMCO ruled that Swisscom had abused its market dominance and imposed a fine of CHF 18 million. Swisscom filed an appeal with the FAC against this decision, which has now been upheld.
Swisscom will now analyse the judgment in detail as well as its potential implications for the further rollout of the fibre-optic infrastructure. The financial outlook for the 2026 financial year remains unchanged.
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Conclusion of this article: « Federal Administrative Court rules in Swisscom’s favour in fibre-optic case »
Source: Swisscom AG, Press release
Original German article: Bundesverwaltungsgericht gibt Swisscom im Glasfaserverfahren recht