Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 10 NOVEMBER 2022

Market Intelligence Thought Leadership Award Winner

Cartels & Leniency 2023

Bär & Karrer Ltd.
Bär & Karrer Ltd.
Contributor
Bär & Karrer Ltd.

Bär & Karrer Ltd.

Bär & Karrer is a leading Swiss law firm with more than 200 lawyers in Zurich, Geneva, Lugano, Zug,...

View firm profile
Explore more from Bär & Karrer Ltd.

The legal bases of the cartel prohibition are Articles 4(1) and 5 of the Federal Act on Cartels and other Restraints of Competition of 6 October 1995 (CA), the equivalent to Article 101...

SwitzerlandAntitrust/Competition Law
Mani Reinert
Mani Reinert
Author LinkedIn connections

1 The Legislative Framework of the Cartel Prohibition

1.1 What is the legal basis and general nature of the cartel prohibition, e.g. is it civil and/or criminal?

The legal bases of the cartel prohibition are Articles 4(1) and 5 of the Federal Act on Cartels and other Restraints of Competition of 6 October 1995 (CA), the equivalent to Article 101 of the Treaty on the Functioning of the European Union. The basis for fines is Article 49a CA. The Ordinance on Sanctions imposed for Unlawful Restraints of Competition of 12 March 2004 regulates details regarding the imposition of fines. The legal nature of the Swiss cartel prohibition is civil

1.2 What are the specific substantive provisions for the cartel prohibition?

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Der Bundesrat eröffnet die Vernehmlassung zur Investitionsprüfungsverordnung

Switzerland's Federal Council has opened consultation on the Investment Screening Ordinance, which establishes the implementing provisions for the Swiss Federal Act on the Review of Foreign Investments adopted in December 2025. The ordinance details approval requirements, procedures, and exemptions for foreign state-controlled acquisitions of Swiss companies in critical sectors, while introducing anti-circumvention measures and a fee structure ranging from CHF 5,000 to CHF 60,000.
SwitzerlandAntitrust/Competition Law
Advestra
Advestra
Article

The Latest Swiss Cartel Law Reform Paradox: Escaping Brussels Only To Invite It Back?

Switzerland's latest cartel law reform introduces significant changes to competition assessment methodology and merger control procedures. While the reform modernizes merger review by adopting the SIEC test, it simultaneously creates a paradox by potentially diverging from EU standards in how agreements between undertakings are evaluated, raising questions about the balance between effects-based analysis and legal certainty.
SwitzerlandAntitrust/Competition Law
Kellerhals Carrard
Kellerhals Carrard
Article

Bär & Karrer Advises Medbase In Its Acquisition Of Ardentis

Medbase AG, part of the Migros Group and a leading Swiss healthcare provider with a nationwide network of medical centres and pharmacies, has acquired a majority stake in the Ardentis Group, one of the leading providers of dental services in French-speaking Switzerland. The transaction strengthens Medbase’s position in the Swiss healthcare market and combines its nationwide healthcare platform with Ardentis’s established presence in the dental sector.
SwitzerlandCorporate/Commercial Law
Bär & Karrer Ltd.
Bär & Karrer Ltd.