Die Kantonale Gebäudeversicherung im Wettbewerb

In Switzerland, there is a monopolistic, public-law building insurance in 19 cantons that mandates compulsory insurance for property owners. However, these building insurances are increasingly starting to offer insurance products in competition with private insurance. The building insurance in Bern does this through a private law subsidiary, while other building insurances do so with an administrative unit within the public-law institution. This work examines whether such encroachment into competition by a public-law entity is constitutionally permissible, what competition law requirements must be met, and whether such actions could potentially violate the direct insurance agreement with the EU. The starting point of this dissertation was the Federal Court decision regarding the Glarner case, which has been controversially discussed and partially heavily criticized in the literature.