Amendments to the Cartel Act | Practical Law

Amendments to the Cartel Act | Practical Law

Amendments to the Cartel Act

Amendments to the Cartel Act

Practical Law UK Legal Update 5-101-3645 (Approx. 2 pages)

Amendments to the Cartel Act

Published on 24 Jan 2001Switzerland
The government has recently prepared a draft amendment to theFederal Cartel Act. The draft has been circulated for comments topolitical parties, trade and industry associations and otherinterested parties and the comments are currently under review.It is expected that the draft will be submitted to Parliament insummer 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 sharingagreements) and in relation to abuses of single or jointdominance in a market (see www.lawdepartment.net/global"Competition Law Handbook 2000, Switzerland"). The maximumfines would amount to 10% of the sales turnover of theundertakings involved during the last three years.
  • Non-mandatory comfort letters.
  • A leniency policy for undertakings withdrawing fromcartels.
  • The re-organisation of the Competition Commission.
  • The elimination of the special thresholds for thenotification of media concentrations.
Source: Franz Hoffet, Homburger Rechtsanwälte