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ARTICLE · 03 MAY 2000

Reporting Period : January 00 - March 00: Enforcement Policy And Legislative Dev

SwitzerlandCorporate/Commercial Law
  • Amendment to Competition Act
  • Under the Competition Act, fines may not be imposed for anti-competitive practices, except when the undertakings concerned do not comply with a first binding decision of the FCC. The Swiss Parliament has found this situation unsatisfactory and has commissioned the Secretariat of the FCC and experts to submit proposals with a view to amending the Competition Act. It is most likely that the proposals will include the possibility to impose fines in case of horizontal cartels. The proposals should be issued in the first half of 2000. Then, the Swiss Federal Council will ask a special committee to submit a first draft amendment. A final draft should be submitted to the Parliament in the course of 2001 and the amendment should be enacted in 2002. Note that this amendment of the Competition Act has been prompted by the investigation against the vitamins cartel as the FCC was not in a position to fine Roche, a company headquartered in Switzerland (see below).
  • An

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