Revision des Kartellgesetzes: Braucht die Schweiz neue Schwellenwerte oder einen Systemwechsel im Fusionskontrollrecht?

The Swiss merger control is under review. The draft for a partial revision of the Cartels Act proposes the transition from the Swiss dominance test to the internationally recognized SIEC test. This is to be welcomed. More significant in practice, however, are the disproportionately high thresholds for merger reviews in Switzerland. The following article recommends examining whether, in Switzerland’s special situation, a change from the notification system to an ex officio control system might not be advisable. For reasons of legal certainty, such a system would have to be combined with a voluntary notification option. The author favors such a change. It would streamline the current system and do a great service to the Swiss economy.