Cartels - Enforcement, Appeals & Damages Actions

Overview of the law and enforcement regime relating to cartels

Brief overview of the law relating to cartels

The Federal Act of 6 October 1995 on Cartels and Other Restraints of Competition (hereafter referred to as "Cartel Act") is the legislation governing cartels in Switzerland. The regulatory framework is completed by several federal ordinances, notices and communications of the Competition Commission ("Comco"). The Cartel Act is construed independently from EU competition law (judgment of the Federal Supreme Court of 11 April 2011, joint cases 2C_343/2012 and 2C_344/2010, pt 4.3). Therefore, the legislation and individual solutions diverge from EU case law and the EU Commission's decision-making practice.