What Switzerland Cartel Act 1995 (KG/LCart) - SR 251 Competition Law requires
The Swiss Cartel Act (Kartellgesetz, KG; SR 251) prohibits anti-competitive agreements, abuse of dominant market positions, and regulates mergers that significantly impede effective competition in Switzerland, administered by the Competition Commission (Wettbewerbskommission, WEKO). Art. 5 prohibits agreements between undertakings that significantly restrict competition, with a distinction between per se illegal hardcore restrictions (price-fixing, market-sharing, and bid-rigging between competitors under Art. 5(3); resale price maintenance and absolute territorial protection between suppliers and distributors under Art. 5(4)) and other agreements that are illegal unless justified. Art. 7 prohibits abuse of a dominant market position, with examples including predatory pricing, tying, price discrimination, and refusal to deal. Art. 10 establishes a mandatory merger control regime for concentrations above the notification threshold (combined Swiss revenue of CHF 100 million and individual revenues of at least CHF 10 million each for both parties, or if one party has been the subject of an Art. 7 investigation). The Federal Council may impose direct sanctions up to 10% of turnover for serious competition law violations under Art. 49a without requiring a prior decision establishing the infringement. Art. 30 empowers WEKO to investigate suspected infringements and issue orders binding on the undertakings concerned.
Pillar: Competition & Antitrust · Authority: Swiss Competition Commission (WEKO/COMCO) · Version: 1.0.1 · Last updated:
Primary source: https://www.fedlex.admin.ch/eli/cc/1996/546_546_546/en
SHA-256 integrity: 8dfd65755500f044f74c81f44df06a6d75dd58dbe50eee6cf00768a9bb66a74b
Primary Citations — 7 traced to source
- Federal Act on Cartels and Other Restraints of Competition (KG/LCart) SR 251 (Switzerland), Art. 4 - Definitions: undertaking, dominant market position, and significant impediment to competition
- Federal Act on Cartels and Other Restraints of Competition (KG/LCart) SR 251 (Switzerland), Art. 5 - Unlawful agreements: prohibition on agreements significantly restricting competition; per se illegal hardcore restrictions (price-fixing, market-sharing, bid-rigging, resale price maintenance)
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