New Cooperation Agreement On November 1, 2022, Switzerland and Germany signed an administrative agreement on cooperation between their competition authorities (“Agreement”). The Agreement is expected to enter into force in September 2023 at the earliest because the Swiss Federal Assembly still has to approve the Agreement. The ratifying German Federal Ministry of Economics and Climate…

The Lugano Convention 2007 is an international treaty negotiated by the EU on behalf of its Member States with Iceland, Norway and Switzerland.  It seeks to clarify (inter alia) which courts have jurisdiction in cross-border civil and commercial disputes. The UK ceased to be a Member of the Convention upon Brexit and its attempt to…

Following the revision of the Vertical Block Exemption Regulation in the European Union, the Swiss Competition Commission is now also proposing to amend its Vertical Notice and Guidelines. Although the proposed amendments are based on the new EU distribution rules, they still depart from them on key issues, resulting in a “Swiss Finish”.   Background…

Switzerland is one of the world’s largest recipients of foreign investments – but does not yet have a general regime for the systematic screening of foreign investments. As mandated by Parliament, the Federal Council, the Swiss government, has now issued a preliminary draft legislation for public consultation proposing to introduce a foreign investment regime in…

2021: Less case law, more legislation While the year 2021 was a rather unspectacular year regarding relevant new case law, the legislative made sure it provided for quite noteworthy developments in competition law nonetheless. The Swiss Competition Commission (“ComCo“) and especially the courts produced relatively few leading decisions in 2021, with still a lot of…

Interim measures are back on the Swiss Competition Commission’s radar, especially in dominance cases. The background of this latest development is the authority’s desire to accelerate its proceedings and ensure the efficacy of competition law. However, the most recent cases show that interim measures are not always suitable for this purpose – especially in dynamic…

The Swiss Federal Supreme Court (the “Court”) found in its decision of February 4, 2021, 2C_149/2018 (the “Decision”) that Pfizer Ltd. (“Pfizer”) had entered into an unlawful vertical price agreement (concerted practice) with pharmacies and physicians limiting competition by issuing vertical price recommendations for Viagra. The decision raises questions as to whether and under what…

Early April, the Federal Supreme Court clarified controversial questions regarding the privilege against self-incrimination in Competition Law Proceedings in three much-noticed decisions (2C_383/2020, 2C_87/2020 and 2C_88/2020)[1]. The Decisions In 2018, the Swiss Competition Commission (“ComCo“) opened proceedings against various financial institutions regarding an alleged boycott in Switzerland. The Competition Commission suspected that the addressees of…

In 2016, a public initiative was launched in Switzerland, requesting amendments to the Cartel Act in order to enforce non-discriminatory procurement of goods and services abroad by Swiss purchasers. Furthermore, the initiative requested the introduction of rules against geo-blocking in the Unfair Competition Act. This so-called “Fair-Price Initiative” is backed by various consumer, hotel, gastronomy…