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From the magazine SZW-RSDA 4/2022 | p. 293-305 The following page is 293

Multitasking in der Missbrauchsaufsicht: Die Kompensationsfunktionen von Artikel 7 Kartellgesetz

Market economies are based on competition. In the absence of competition, prices rise, factor allocation is not optimal and the incentives to increase productivity and to innovate are impaired. In order to avoid these disadvantages, Article 7 Cartel Act complements the control by competition with a special abuse control. The basic function of this rule is thus to compensate for a lack of competition. So far, insufficient attention has been paid to the fact that, in view of the specific design of the Swiss legal and regulatory framework, Article 7 Cartel Act must in addition fulfil certain sub-functions. The provision corrects deficits in market opening and thereby brings movement into a thicket characterized by vested interests. Cautious sectoral regulation is justified by the fact that there is still the control by competition law. Moreover, the new rules on relative market power are supposed to compensate for insufficient market integration. Finally, the prohibition of abuse is…

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