Switzerland (October 6, 1995) - Revision history

HCargill at 23:24, 7 August 2008

2008-08-07T23:24:02Z

← Older revision		Revision as of 23:24, 7 August 2008
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	''Governed by:'' Federal Act on Cartels and Other Restraints of Competition of 6 October 1995 (hereinafter referred to as “Acart”).		''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>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"		{\| class="wikitable"

AchalOza at 13:27, 12 October 2007

2007-10-12T13:27:35Z

← Older revision		Revision as of 13:27, 12 October 2007
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	'''Score = 23'''		'''Score = 24'''

	''Governed by:'' Federal Act on Cartels and Other Restraints of Competition of 6 October 1995 (hereinafter referred to as “Acart”).		''Governed by:'' Federal Act on Cartels and Other Restraints of Competition of 6 October 1995 (hereinafter referred to as “Acart”).

Kajrozga at 12:46, 8 September 2007

2007-09-08T12:46:27Z

← Older revision		Revision as of 12:46, 8 September 2007
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	'''Score = 22'''		'''Score = 23'''

	''Governed by:'' Federal Act on Cartels and Other Restraints of Competition of 6 October 1995 (hereinafter referred to as “Acart”).		''Governed by:'' Federal Act on Cartels and Other Restraints of Competition of 6 October 1995 (hereinafter referred to as “Acart”).

Kajrozga at 21:52, 2 September 2007

2007-09-02T21:52:07Z

← Older revision		Revision as of 21:52, 2 September 2007
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	\| Abusive Acts		\| Abusive Acts
	\| 1		\| 1
	\| Article 7 ~~lists several unlawful~~ abusive acts.		\| Article 7(1) prohibits abusive acts.

	\|-		\|-

Kajrozga at 22:25, 12 August 2007

2007-08-12T22:25:26Z

← Older revision		Revision as of 22:25, 12 August 2007
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	\|		\|
	\| Eliminating Competitors		\| Eliminating Competitors
	\| 0		\| 1
	\|		\| Article 5(1) states “all agreements that lead to the suppression of effective competition are unlawful.”


	\|-		\|-

Kajrozga at 22:24, 12 August 2007

2007-08-12T22:24:19Z

← Older revision		Revision as of 22:24, 12 August 2007
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	\|		\|
	\| Other		\| Other
	\| 1		\| 0
	\| ~~Article 10(4) instructs the Commission to take into account the effects of the merger on international competition.~~		\|

	\|-		\|-

Kajrozga at 23:53, 3 August 2007

2007-08-03T23:53:52Z

← Older revision		Revision as of 23:53, 3 August 2007
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	\|		\|
	\| Divestitures		\| Divestitures
	\| 0		\| 1
	\|		\| Article 37(4) allows for divestiture of firms that don’t adhere to merger conditions.

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

	\|-		\|-
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	\|		\|
	\| Tying		\| Tying
	\| 0		\| 1
	\|		\| Article 7(2) prohibits tying arrangements

	\|-		\|-

Kajrozga: New page: '''Score = 22''' ''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...

2007-07-20T14:47:50Z

New page: '''Score = 22''' ''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 = 22'''

''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>

{| 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
| 0
|

|- 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.

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

|-
|
| Other
| 1
| Article 10(4) instructs the Commission to take into account the effects of the merger on international competition.

|-
|
| 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 lists several unlawful 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
| 0
|

|-
|
| 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
| 0
|

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

|-
|
| Supply Refusal
| 0
|

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

|}

== References ==
<references />