The Private Competition Enforcement Review

I OVERVIEW OF RECENT PRIVATE ANTITRUST LITIGATION ACTIVITY

Civil antitrust litigation remains limited in Switzerland. Since the enactment of the Act on Cartels and Other Restraints of Competition (the ACart) in 1995, only roughly 50 cases are known to have been brought before the civil courts.² The bulk in the enforcement of antitrust and competition law largely rests upon the competition authorities. The reasons for this lack of private competition law enforcement are manifold.

First, it seems more appealing for an aggrieved party to file a complaint with the competition authorities, rather than bearing the burden of proof in a civil proceeding. Unlike claimants in private enforcement proceedings who regularly face evidentiary difficulties, the competition authorities may compel the production of evidence. However, if (e.g., for discovery reasons) the claimant opts to file a complaint with the competition authorities, the claimant should be aware that his or her