Amendments to the Cartel Act

The government has recently prepared a draft amendment to the Federal Cartel Act. The draft has been circulated for comments to political parties, trade and industry associations and other interested parties and the comments are currently under review. It is expected that the draft will be submitted to Parliament in summer 2001 and, if adopted, would come into force on 1st July, 2002. The following changes are likely to be introduced:

  • Direct sanctions in relation to horizontal cartels (including, in particular, price fixing and market sharing agreements) and in relation to abuses of single or joint dominance in a market (see www.lawdepartment.net/global "Competition Law Handbook 2000, Switzerland"). The maximum fines would amount to 10% of the sales turnover of the undertakings involved during the last three years.
  • Non-mandatory comfort letters.
  • A leniency policy for undertakings withdrawing from cartels.
  • The re-organisation of the Competition Commission.
  • The elimination of the special thresholds for the notification of media concentrations.

Source: Franz Hoffet, Homburger Rechtsanwälte

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