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ARTICLE · 30 OCTOBER 2000

Reporting Period : July 00 - September 00

SwitzerlandAntitrust/Competition Law

Enforcement Policy And Legislative Developments

  • Proposed Amendment to Competition Act The Swiss Federal Council has commissioned the Federal Department for Economy to submit a proposal with a view to amending the Competition Act as follows : (i) The FCC should be entitled to impose fines in case of horizontal cartels (price fixing, customers or markets sharing) and abuses of dominant positions (see also 2000/2 report). The undertakings would have the possibility to disclose an anticompetitive practice before its taking effect so as to avoid any fines. Further, the FCC would be entitled not to impose fines if an undertaking collaborates with the FCC in bringing the cartel to light. (ii) The specific thresholds provided by the Competition Act for the media sector should be removed. Article 9 (2) of the Competition Act provides that a concentration in the media sector is reportable if the turnovers of the undertakings concerned reach as low as 1/20 of the "normal" thresholds
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