For years, Suissetec has been committed to a “level playing field” between traditional consulting, planning and installation companies and energy service providers, which are increasingly active in the building technology market. In this specific case, EKS used customer data from the basic supply, i.e. from the monopoly sector, to advertise solar systems, an offer in the free market. This unlawful competitive advantage violates the Electricity Supply Act.
Following a criminal complaint filed by Suissetec in 2017, two former EKS employees were finally convicted on March 31, 2025. Comparable proceedings against Repower and Groupe e also ended in guilty verdicts.
Consistent separation of market areas
The ruling makes it clear that the monopoly area of basic energy supply must remain strictly separated from the commercial activities of energy service providers, for example in building technology or solar installations. Companies are obliged to take organizational and technical precautions to ensure that there is no mixing.
Although only employees and not the company itself were prosecuted in this specific case, the court emphasized that companies can also be liable to prosecution if they breach their duty of care.
Signal effect for the industry
For Suissetec, the third ruling in this case is a milestone. Director Christoph Schaer emphasizes: “The EKS case is now closed for us. At the same time, we expect this ruling to form the basis for competitive but fair competition between all market participants.”
In this way, the association not only wants to prevent abuses, but also raise awareness among energy service providers, as important members of Suissetec, of the importance of clean dividing lines. The aim is constructive cooperation in the market that enables fair competition with clear rules.
