Media Release


Fine against Barry Callebaut Ltd

The Sanctions Commission of SIX Group AG has sanctioned Barry Callebaut Ltd with a fine of CHF 110’000 for breaching the provisions on ad hoc publicity negligently.

SIX Exchange Regulation AG (SER) which is responsible for monitoring and enforcing stock exchange regulations concerning listed companies, opened an investigation against Barry Callebaut Ltd after having conducted a preliminary inquiry. Having completed a thorough investigation, SER submitted a sanction proposal to the Sanctions Commission of SIX Group AG. The Sanctions Commission of SIX Group AG sanctioned Barry Callebaut Ltd by decision dated 13 February 2024 with a fine in the amount of CHF 110’000. The decision of the Sanctions Commission of SIX Group AG became legally binding after Barry Callebaut Ltd chose not to appeal.

The Sanctions Commission of SIX Group AG largely concurred with SER’s sanction proposal regarding the alleged violations of the Listing Rules (LR) and the Directive on Ad hoc Publicity (DAH). It held that Barry Callebaut Ltd violated regulatory requirements (Art. 53 LR in conjunction with Art. 6 DAH) in connection with the publication of the Annual Report 2021/22, due to the fact that its Short Report 2021/22 to the Annual Report 2021/22 was accessible for a Webcrawler during the critical trading hours on an inadequately protected area of the issuer's website and prior to publication of the corresponding ad hoc announcement.

The degree of fault has been qualified as negligent, the severity of the breach as severe. In determining the level of fine, the Sanctions Commission of SIX Group AG considered the impact of the sanction on the party concerned as well as the efficient and targeted reaction taken by the issuer to remedy the violation.