Introduction to the New Swiss Act on Cartels

On 1st July 1996, the new Federal Act on Cartels and Other Restraints on Competition (Cartel Act) dated 6th October 1995 entered into effect. This new law forms part of Switzerland’s various efforts to revitalise the Swiss economy. The Cartel Act considerably improves the protection of the system of free competition and grants the Competition Commission the requisite power to effectively deal with all forms of anti-competitive behaviour. The clear regulations on unlawful behaviour of dominant enterprises as well as on the preventive control of mergers are particularly noteworthy.

Whether or not the new law will hold up to its promises remains to be seen and will largely depend upon the practise of the Competition Commission which has already commenced its work prior to the promulgation of the new law.

This publication, containing a brief introduction to the Cartel Act as well as an English translation of the Cartel Act and the Ordinance on Merger Control, is aimed at international business persons and legal advisers involved in commercial transactions relating to Switzerland and will provide them with a helpful overview of the most important changes introduced by the new Cartel Act.