Switzerland (2003)

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Score = 25

Governed by: Federal Act on Cartels and Other Restraints of Competition of 6 October 1995 (hereinafter referred to as “Acart”). [1][2]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 2(2) says that Acart is applicable to anything having an effect in Switzerland.
Remedies Fines 1 Articles 50-52 and 54-55 provide for fines for various violations.
Prison Sentences 0
Divestitures 1 Article 37(4) allows for divestiture of firms that don’t adhere to merger conditions.
Private Enforcement 3rd Party Initiation 1 Article 12(1) says that anybody impeded by a restraint of competition can request a removal of the obstacle or damages.
Remedies Available to 3rd Parties 1 Article 12(1) lists various remedies available to injured 3rd parties.
3rd Party Rights in Proceedings 1 Article 43(1) says that 3rd parties can come forward during the investigation proceedings.
Merger Notification Voluntary 0
Mandatory 3 Article 9 requires the notification of all enterprises attempting a concentration.
Pre-merger 2 Article 9(1) specifies that this must be done before the concentration occurs.
Post-merger 0
Merger Assessment Dominance 1 Article 10(1) says if the concentration is thought to create or strengthen dominance, the merger will be investigated further.
Restriction of Competition 1 Article 10(2)(a) allows denial of a merger if it threatens to eliminate effective competition.
Public Interest (Pro D) 1 Article 11 allows for exceptional authorization on the grounds of compelling public interests, including international competitiveness
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Article 7(2)(a) says tat the refusal to supply or buy goods may be unlawful.
Abusive Acts 1 Article 7(1) prohibits abusive acts.
Price Setting 1 Article 7(2)(c) prohibits imposition of unfair prices.
Discriminatory Pricing 1 Article 7(2)(b) prohibits discrimination with regards to prices.
Resale Price Maintenance 0
Obstacles to Entry 1 Article 7(1) prohibits practices that prevent other enterprises from entering or competing in the market.
Efficiency Defense 1 Article 8 defines what would constitute something allowed under a compelling public interest.
Restrictive Trade Practices Price Fixing 1 Article 5(3)(a) deems price fixing unlawful.
Tying 1 Article 7(2) prohibits tying arrangements
Market Division 1 Article 5(3)(c) prohibits allocating markets geographically.
Output Restraint 1 Article 5(3)(b) calls restricting the quantity of goods produced unlawful.
Market Sharing 1 Article 5(3)(c) prohibits allocating market according to trading partners.
Eliminating Competitors 1 Article 5(1) states “all agreements that lead to the suppression of effective competition are unlawful.”


Collusive Tendering/Bid-Rigging 0
Supply Refusal 1 Article 5(3)(b) prohibits the restriction of goods to provide.
Efficiency Defense 1 Article 8 allows exceptions to Article 5 in special cases for the purposes of public interest.

References

  1. Competition in the EU, at 835-854.
  2. statute available at http://www.weko.admin.ch/imperia/md/images/weko/lcart-english-120107.pdf