LMyhre: New page: '''Score = 25''' ''Governed by:'' Federal Act on Cartels and Other Restraints of Competition of 6 October 1995 (hereinafter referred to as “Acart”). Competition in the EU, at 83...

2008-12-28T07:16:34Z

New page: '''Score = 25''' ''Governed by:'' Federal Act on Cartels and Other Restraints of Competition of 6 October 1995 (hereinafter referred to as “Acart”). <ref>Competition in the EU, at 83...

New page

'''Score = 25'''

''Governed by:'' Federal Act on Cartels and Other Restraints of Competition of 6 October 1995 (hereinafter referred to as “Acart”).
<ref>Competition in the EU, at 835-854.</ref><ref>statute available at http://www.weko.admin.ch/imperia/md/images/weko/lcart-english-120107.pdf</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 2(2) says that Acart is applicable to anything having an effect in Switzerland.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Articles 50-52 and 54-55 provide for fines for various violations.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 37(4) allows for divestiture of firms that don’t adhere to merger conditions.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 12(1) says that anybody impeded by a restraint of competition can request a removal of the obstacle or damages.

|-
|
| Remedies Available to 3rd Parties
| 1
| Article 12(1) lists various remedies available to injured 3rd parties.

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 43(1) says that 3rd parties can come forward during the investigation proceedings.

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 9 requires the notification of all enterprises attempting a concentration.

|-
|
| Pre-merger
| 2
| Article 9(1) specifies that this must be done before the concentration occurs.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 10(1) says if the concentration is thought to create or strengthen dominance, the merger will be investigated further.

|-
|
| Restriction of Competition
| 1
| Article 10(2)(a) allows denial of a merger if it threatens to eliminate effective competition.

|-
|
| Public Interest (Pro D)
| 1
| Article 11 allows for exceptional authorization on the grounds of compelling public interests, including international competitiveness

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 7(2)(a) says tat the refusal to supply or buy goods may be unlawful.

|-
|
| Abusive Acts
| 1
| Article 7(1) prohibits abusive acts.

|-
|
| Price Setting
| 1
| Article 7(2)(c) prohibits imposition of unfair prices.

|-
|
| Discriminatory Pricing
| 1
| Article 7(2)(b) prohibits discrimination with regards to prices.

|-
|
| Resale Price Maintenance
| 0
|

|-
|
| Obstacles to Entry
| 1
| Article 7(1) prohibits practices that prevent other enterprises from entering or competing in the market.

|-
|
| Efficiency Defense
| 1
| Article 8 defines what would constitute something allowed under a compelling public interest.

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 5(3)(a) deems price fixing unlawful.

|-
|
| Tying
| 1
| Article 7(2) prohibits tying arrangements

|-
|
| Market Division
| 1
| Article 5(3)(c) prohibits allocating markets geographically.

|-
|
| Output Restraint
| 1
| Article 5(3)(b) calls restricting the quantity of goods produced unlawful.

|-
|
| Market Sharing
| 1
| Article 5(3)(c) prohibits allocating market according to trading partners.

|-
|
| Eliminating Competitors
| 1
| Article 5(1) states “all agreements that lead to the suppression of effective competition are unlawful.”

|-
|
| Collusive Tendering/Bid-Rigging
| 0
|

|-
|
| Supply Refusal
| 1
| Article 5(3)(b) prohibits the restriction of goods to provide.

|-
|
| Efficiency Defense
| 1
| Article 8 allows exceptions to Article 5 in special cases for the purposes of public interest.

|}

== References ==
<references />

Switzerland (2003) - Revision history

LMyhre: New page: '''Score = 25''' ''Governed by:'' Federal Act on Cartels and Other Restraints of Competition of 6 October 1995 (hereinafter referred to as “Acart”). Competition in the EU, at 83...