Revision of the Cartel Act: An important compromise for Swiss companies

The solution chosen by the majority of the Economic Affairs Committee of the Council of States (WAK-S) adopts the compromise worked out by the National Council's sister committee in the spring. This ensures that, in future, the actual impact on competition will take priority when assessing competition agreements - not formal criteria. This will correct a previously highly formalistic practice that has led to legal uncertainty in application and made economically sensible cooperation more difficult.

Individual case assessment strengthens accuracy

The proposed individual case assessment instead of general presumptions will increase the accuracy of antitrust law. This creates clarity for companies and improves the conditions for innovation, investment and efficient market structures. The business community expressly supports this approach, as it effectively protects competition without unduly interfering with legitimate market behavior.

More precise abuse control

The revision also ensures greater precision in the area of abuse control (Art. 7 Cartel Act). In future, it will not be individual behaviors that are decisive, but their specific effects on competition. This will avoid false incentives and strengthen the coherence of competition law.

With the WAK-S's decision, there is now a possibility that the Council of States will endorse the National Council's position in the winter session. This could complete the revision that has been ongoing for years - an important step towards modern, practicable antitrust law that strengthens Switzerland as a business location, is future-proof and ensures greater legal certainty in the long term.