Competition Policy in Switzerland

Details

Serval ID
serval:BIB_305157800C6F
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
Competition Policy in Switzerland
Journal
The Antitrust-Bulletin
Author(s)
Neven D., Von Ungern-Sternberg T.
ISSN
0003-603X
Publication state
Published
Issued date
1998
Peer-reviewed
Oui
Volume
43
Number
2
Pages
467-517
Language
english
Abstract
This paper provides a critical review of competition policy in Switzerland. We analyse the legal statute, the institutional arrangements for its implementation and the case law since 1985. We find that Cartel Commission which was given wide discretion by the law has been relative immune from judicial and political challenge and vulnerable to interest groups. The analysis of the relevant markets, the evaluation of dominance and that of countervailing benefits tend to be poorly motivated. In addition, the concept of effective competition, which is central to the implementation of the law, has not been substantiated by the case law. Accordingly, the decisions tend to be highly judgmental, which reflects the weak accountability of the Commission. Fortunately, both the substantial provisions of the law and the institutional framework have been improved by the recent revision of the statute. Being more accountable, the Commission may not have the choice but to improve its practice.
Keywords
Competition policy, Switzerland, Political economy
Create date
19/11/2007 10:59
Last modification date
20/08/2019 14:15
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