Enforcement Policy and Legislative Developments - Reporting Period : July 02 – September 02

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.

The Swiss FSC has annulled two judgments of the Swiss FAC in the mountings for windows and window doors case.

In this judgment, the FSC held that an export ban in an Austrian licence agreement had infringed the Swiss Act on Cartels (CA).

In den letzten Jahrzehnten hat die zunehmende Interna- tionalisierung und Kommerzialisierung des professio- nellen Fussballs eine wachsende Zahl von Investoren angezogen, die Beteiligungen an Fussballclubs erwerben wollen.

Following the adoption of the revised Cartel Act in December 2025 (see Insight of 5 December 2026), on 20 May 2026 the Swiss Federal Council adopted its long-awaited proposal for significant institutional and procedural reforms to Swiss competition law enforcement.

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.

The Swiss Competition Commission issued its revised notice on the treatment of vertical agreements under competition law.

In its Coty judgement of 6 December 2017, the ECJ confirmed that a supplier of luxury goods may establish a selective distribution system with the aim of protecting the luxury image of its products.