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Amendment to the act on cartels faces opposition
Practical Law UK Legal Update 2-101-4929 (Approx. 2 pages)
Amendment to the act on cartels faces opposition
| Published on 01 Jun 2001 • Switzerland |
The majority of the interested parties consulted by the FederalDepartment for Economy on the draft amendment to the FederalCartel Act (see www.lawdepartment.net/global "Amendments tothe Cartel Act", )have reacted criticallyto the proposal and have put forward the followingcomments:
- GC, 2001 (VI), 62The amendment is perceived as premature sincethe current Act was only adopted in 1996.
- In the absence of a clear practice in relationto the interpretation of the concepts of anti-competitiverestraints and abuse of a dominant position, it would be risky toplace the power to apply direct sanctions in the hands of theFederal Competition Commission (FCC).
- An increased efficiency on the part of the FCCwould be more easily achieved by introducing institutionalchanges rather than replacing the representatives of business andconsumer associations with independent experts andacademics.
Most commentators, however, have agreed thatconcentrations in the media sector should be subject to thegeneral thresholds which apply to other industries. Following theconsultation exercise, the Federal government has now decided torevise the draft and not to change the composition of the FCC.The final draft of the amendment should be submitted toParliament in the course of autumn 2001.
Source: Marcel Dietrich,Homburger