Switzerland: The proposed Article 5(1) bis of Cartel Act - An unnecessary distraction to weaken a fundamental law

Canapa, Damiano; Torti, Valerio

Abstract

This contribution discusses the criticism and concerns raised by the proposed modification of Article 5 of the Swiss Federal Act on Cartels and other Restraints of Competition, which prohibits unlawful agreements affecting competition. This reform was proposed by the Swiss Federal Council on 24 May 2023. Should the reform be adopted, Swiss competition law enforcers would only be able to prohibit anticompetitive agreements after having proved—based on qualitative and quantitative criteria—that these agreements significantly restrict competition. This rule would also apply to the most pernicious horizontal and vertical hardcore restrictions and would significantly weaken the enforcement of competition law in Switzerland.

Citation

Canapa, D., & Torti, V. (2023). Switzerland: The proposed Article 5(1) bis of Cartel Act - An unnecessary distraction to weaken a fundamental law. Concurrences Review, 2023(4), 196-204

• Journal Article Type: Article
• Acceptance Date: Sep 10, 2023
• Publication Date: 2023-11
• Deposit Date: Sep 28, 2023
• Journal: Concurrences Review
• Print ISSN: 1773-9578
• Electronic ISSN: 2116-0090
• Publisher: Concurrences
• Peer Reviewed: Peer Reviewed
• Volume: 2023
• Issue: 4
• Pages: 196-204
• Keywords: Switzerland, Regulatory, Dominance (abuse), Cartel, Applicable Law, Reform, Effect on competition, Prices, Price fixing, Hardcore restriction
• Public URL: http://researchrepository.napier.ac.uk/Output/3202562
• Publisher URL: https://www.concurrences.com/en/review/issues/no-4-2023/international/switzerland-the-proposed-article-5-1-bis-of-the-swiss-cartel-act-an-unnecessary