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Practice areas | Competition and cartel law

Competition and cartel law

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Healthy and effective competition must be protected because of its fundamental role in the market economy. An important arsenal of tools available to market players is thus proposed in competition legislation, and in particular in the Federal Law on Cartels and Other Restrictions on Competition.

The Competition Commission (COMCO) is an independent federal authority responsible for ensuring compliance with these standards. COMCO ensures the fight against harmful cartels, abusive behaviour by dominant companies, as well as the prevention of state barriers to competition.
However, the legal tools available are often not well known to entrepreneurs.

In addition, particular attention must be paid to cartel regulations in the event of a merger. Merger operations must be notified to the Competition Commission before they are implemented, when they reach a certain size, provided that they have an impact on the Swiss market. In the event of a violation, the law provides for administrative sanctions against companies and criminal sanctions against the persons responsible; imposition of these two types of sanctions is possible. From an administrative point of view, the fine may not exceed CHF 1,000,000,000, depending on the case. From a criminal point of view, persons acting on behalf of companies and are responsible for a violation are punishable with a fine up to a maximum of CHF 20,000.

As a result, competition regulation and the implementation of its legal instruments provide effective protection for your business and allow your business to operate in a balanced and efficient market. But this protection also implies the respect of strict rules in the conduct of your economic activities. Any violation of the regulations could make you criminally liable.

Watt law supports and advises you at every stage.