Private antitrust litigation in Switzerland is evolving, with recent legislative changes aimed at strengthening the enforcement of competition law through civil proceedings. This guide provides an overview of the Swiss framework for antitrust litigation, covering private claims and procedural requirements, evidence and disclosure, damages, interim relief, litigation funding and costs, appeals, and key developments shaping the future of private enforcement.
1. Introduction
1.1 Current Framework for Private Antitrust Litigation
The basis of the legislative framework for antitrust litigation is the Federal Act on the Amendment of the Swiss Civil Code of 30 March 1911 (the “Swiss Code of Obligations”; CO) and the Swiss Civil Procedure Code of 19 December 2008 (the “Civil Procedure Code”; CPC).