Reporting Period  January 02-March 02: Enforcement Policy & Legislative Developments

Mondaq Business BriefingSwitzerland Law Articles in English (2002)

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Reporting Period  January 02-March 02: Enforcement Policy & Legislative Developments

Competition Act. On November 7, 2001 the Swiss Federal Council submitted for parliamentary debate a draft amending the Competition Act as to the following aspects :

Direct Sanctions. The FCC should be entitled to impose (administrative) fines on undertakings, which can reach up to 10 % of the turnover achieved in Switzerland during the last three financial years, in case of participation in "hardcore" cartels (price fixing, customer or market sharing) and abuse of dominant position (see also 2000/3 and 2001/1 reports). In its report on the draft law, the Swiss Federal Council reiterated the opinion according to which fault is not a condition for imposing sanctions; this is in contradiction with the arguments developed by the Appeal Commissi...

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