Wie weiter im schweizerischen Wettbewerbsrecht?

The Swiss Act on Competition Law is now 20 years old. The revision proposal of 2012 failed in Parliament not because a revision would not be necessary but rather because the proposal was overloaded and pursued conflicting aims. The author argues that a new revision should be prepared without further delay. There are at least three reasons for this. First, an institutional reform remains necessary. Such a reform is possible within the existing administrative framework. It must include a better separation of the different tasks of the Commission and its “secretariates”, a new procedure and an overhaul of the appeal proceedings. Second, a reform should also include the civil enforcement and discuss the solutions proposed in the new European directive on damage claims that will be transposed in the laws of the Member States within the next two years. It should finally examine the substantive provisions, especially with respect of a possible stream lining of the cartels provision of…