This section reviews developments concerning the Federal Act of October 6, 1995 on Cartels and Other Restraints of Competition (the "Competition Act"), which is enforced by the Federal Competition Commission ("FCC"). Appeals against decisions of the FCC are heard by the Appeal Commission for Competition Matters (the "Appeal Commission").

Arbitration practitioners, both counsel and arbitrators, are ever conscious that their best laid plans to protect the privacy and confidentiality of an arbitration may be thwarted if a question in relation to the arbitration lands before a State court, the rules of which will often require the publication of aspects of the arbitration, such as its existence, the identity of the parties, and the facts underlying the matter in dispute.

The closed-list based appointment procedure for arbitrators operating under the aegis of the Switzerland-seated Court of arbitration for sports has been under the close scrutiny of the Swiss Supreme Court in the last few years.

International arbitration tribunals seated in Switzerland enjoy a considerable leeway when conducting arbitration proceedings. Only under restrictive grounds would the Swiss Supreme Court interfere ex post factum.

The Swiss Supreme Court has recently vacated an international arbitration award on material public policy ground under Article 190 par. 2 let. (e) of the Private International Law Act (the "PIL Act").

Consent to arbitrate is the fundamental basis for arbitration. Absent this consent, arbitrators have no jurisdiction.

On 6 July 2009, the Competition Commission (FCC) fined eight undertakings CHF 1.24 million for collusive tendering in relation to private and public tenders for electrical equipment in construction projects.

On April 18, 2012, the Competition Commission published its 2011 annual report.

The FCC published its 2007 annual report on the Internet. Fourty-five concentrations were notified, out of which thirty-nine were cleared during the first stage investigation.

Merger Control - No effective competition in the market for electricity transportation – the Appeal Commission clears the Swissgrid merger. Seven Swiss electricity companies intend to concentrate the exploitation of their (high tension) electricity-carrying network under a common company "Swissgrid".

The ex lege suspensive effect of a challenge is no bar to the recognition of the award unless the suspensive effect is confirmed in a judicial decision issued in the state where the award is challenged.

On November 4, 2010, the Competition Commission (FCC) fined four undertakings CHF 7.6 million for agreements on prices between competitors in relation to the distribution of doors components (doorknobs, hinges, locks, etc.).

With respect to arbitration agreements, the Swiss Supreme Court has constantly applied restrictively the formal requirement of the written consent to arbitrate (Private International Law Act, Art. 178 ) whilst favouring an extensive construction of the scope of such consent, sometime in derogation to the relativity of contractual obligations .

Competition Commission fines Swisscom Sfr220 million for abusive margin squeeze