Overview
Vertical restraints are regulated in the Act on Cartels of 6
October 1995 (CA). Enforcement activities focus on resale price
maintenance and the restriction of passive sales as these are the
instances of conduct that are subject to fines in Switzerland.
In 2003 the Swiss competition law on vertical restraints was
toughened as a means to fight high prices in Switzerland. In that
regard Swiss competition law has a market integration objective
similar to the one of the EU competition law. The difference to the
EU is that this market integration objective is not limited to the
Swiss internal market but that ComCo treats Switzerland as if it
were a part of the EEA. It is unclear whether this market
integration objective extends beyond the EEA, in particular the UK,
but also the US and other countries. Legislative history suggests
that this is not the case. ComCo, however, has declared export bans
in US-distribution contracts as unlawful under Swiss
