Switzerland's cartel law evolves

Author: | Published: 11 Dec 2017

The scope of interpretation of several provisions of Switzerland’s cartel law has evolved following a recent Federal Supreme Court decision

Switzerland amended its competition legislation in 1995, introducing a legal regime that was in line with international and, importantly, European legal standards in its Law on Cartels and other Restraints of Competition (Bundesgesetz über Kartelle und andere Wettbewerbsbeschränkungen or LCart). In a further reform, in 2004, Switzerland made another step towards convergence with European standards and introduced direct sanctions for certain horizontal and vertical agreements (article 5(3) and (4) LCart) and abuse of dominance (article 7 LCart). These provisions mirror in principle those in articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) – the calculation of the sanctions rests on the same principles as those applied in the European Union....



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