Switzerland: Dawn raids and direct fines
SUPPLEMENT - THE 2008 GUIDE TO COMPETITION AND ANTITRUST - October 01, 2008
The Federal Competition Act, which is the central pillar of Swiss competition legislation, was significantly amended in 2003, with effect from April 1 2004. The main purpose of the amendment was to adapt Swiss competition legislation to European legislation by introducing a leniency programme and the power to impose direct sanctions against enterprises found to have participated in a serious cartel or to have committed an abuse of dominant position. Furthermore, the amendment sought to ease the burden of proof for the Competition Commission (Comco) by introducing specific presumptions concerning vertical restraints and extending the definition of dominant enterprises.
After five years of application, the effectiveness of this system is being assessed through an evaluation procedure conducted by the Director of the Secretariat of the Competition Commission (Secretariat) in order to enable the Swiss Parliament to submit proposals for further legislative change.
In this context, a proposal is being discussed...
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