Swiss Competition Law Overview
Mondaq Business Briefing › Switzerland Law Articles in English (2001)
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Swiss Competition Law Overview
I. Sources
Main legislation. The main sources of Swiss competition law are the Act of 6th October, 1995 on Cartels and Other Restraints of Competition (the Competition Act) and the Regulation of 17th June, 1996 on the control of concentrations between companies (the Merger Regulation).The Competition Act applies to restrictive practices whose effects are felt on the Swiss market, irrespective of whether such practices originate in another country or whether the undertakings concerned have no subsidiaries, branches or affiliated companies in Switzerland. Foreign-to-foreign mergers are deemed to have effects on the Swiss market where the thresholds provided by the Competition Act are reached.The Competition Act does not apply where goods or services are excluded from competition under public law provisions or where restraints of competition result solely from the exercise of intellectual property rights. These exclusions are, however, applied restrictively by the Federal Competition Commission (FCC).Secondary legislation and guidance. The Federal Council can adopt Regulations establishing terms and conditions under which certain agreements are "as a general rule" justified on grounds of economic efficiency. The FCC can adopt communications relating...See the full content of this document
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