Recent developments in Swiss competition law
I. Introduction
- 1. Over the past few months the Courts issued quite a significant number of judgments. Generally, they favoured a strict competition policy in dealing with substantive law issues. However, this was not done to the detriment of the protection of the parties’ procedural rights. The Competition Commission1 expressed a similar concern in drafting its new Notice on amicable settlements.2 For instance, the paragraphs presenting the effects of an amicable settlement on the calculation of the fine should promote a higher degree of transparency in this process.3 Similarly, Comco should inform of the relevant facts and give its preliminary appreciation of the legal situation to the parties interested in entering into a settlement.4 Finally, draft general conditions are attached to the Notice in order to provide some directions to these parties.5
II. Agreements
- 2. The judgments rendered in December…
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