The proposed Article 5 para. 1bis of the Swiss Cartel Act: an unnecessary distraction to weaken a fundamental law
Details
Download: 08.concurrences_4-2023_international_switzerland-2.pdf (322.24 [Ko])
State: Public
Version: Final published version
License: Not specified
State: Public
Version: Final published version
License: Not specified
Serval ID
serval:BIB_C06ED1E0A9EC
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
The proposed Article 5 para. 1bis of the Swiss Cartel Act: an unnecessary distraction to weaken a fundamental law
Journal
Concurrences
Publication state
Published
Issued date
24/11/2023
Peer-reviewed
Oui
Number
4
Pages
196-204
Language
english
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.
Create date
22/09/2023 10:07
Last modification date
04/12/2023 7:13