This is an Insight article, written by a selected contributor as part of GCR’s co-published content. Read more on Insight
Switzerland’s revised Federal Act on Cartels, effective early 2027, modernises competition law by adopting the EU’s SIEC test for merger control, enhancing private enforcement and replacing the strict per se ban on hardcore cartels with nuanced case-by-case assessments. The reform also addresses evolving distribution models, notably the shift to genuine agency agreements in sectors like automotive, and introduces the concept of relative market power to protect dependent companies from abusive practices. These changes mark a significant shift toward economic effects analysis, increased legal certainty and stronger safeguards against anti-competitive conduct in Switzerland’s dynamic market landscape.
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