Der kartellrechtliche Blick über die Grenze

Since the revisions to the Swiss antitrust law in 1995 and 2004, the law is now very similar in structure to the laws of the EU and the EU member states. It is therefore very probable that ideas stemming from the EU enter Swiss legislation and court cases, but there are also some ideas of improvement of Swiss laws that could be interesting for the legislation of the EU or even in its court practice.

The article illustrates this by providing examples like the “pay for delay” cases, the damage directive on the one hand and the proposals for the improvement of the Kartellgesetz by accepting good compliance as a strong mitigating factor in a penal procedure on the other hand; or the ideas enabling the reduction of fines, when the damages are so great that they could endanger the very existence of the enterprise.