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From the magazine SZW-RSDA 1/2023 | p. 108-117 The following page is 108

Recent developments in Swiss competition law

I. Introduction

  1. 1. The amendment to the Federal Law on Cartels and Other Competition Restraints1 proposed by Olivier Français and successively approved by the Parliament’s two Chambers2 might lead to some uncertainty in the application of competition law in Switzerland. In substance, the idea is to correct the effects of the Federal Tribunal’s jurisprudence which considers as significant under LCart/KG, Article 5(1), any agreement falling within the scope of LCart/KG, Articles 5(3) and (4). The lawmaker wishes to oblige the Competition Commission3 to base this diagnosis not only on the qualitative criteria set forth by these provisions but also on quantitative criteria. The latter may be quite difficult to define and to express in the law and, if the proposal were to succeed, might cause some problems in their application both by the administrative and judicial authorities and by the undertakings.
  2. 2. In…
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