Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

    The Secretariat is a part of the Commission, and not an independent body although it has a certain degree of autonomy under the provisions of the Cartel Act, especially in the area of investigations (Sections 26 and 27 of the Cartel Act). It is headed by a director appointed by the Federal Council, and its staff is comprised of civil servants. The duties of the Secretariat include making propo …

The Secretariat

    The Competition Commission is responsible for the administration and enforcement of Swiss competition rules. It is an independent body set up under the Cartel Act, made up of between eleven and fifteen members appointed by the Federal Council and headed by a president and two vice-presidents. Section 18(2) of the Act specifies that the majority of the Commission members are independent experts, usually law or economics professors, while the remaining seats are taken by members of business associations and consumer organizations.

  The Commission is largely a self-regulating body and Section 20(1) of the Cartel Act provides that it shall draw up its own regulations detailing its organization and powers, which are then subject to the approval of the Federal Council (Section 20(2)). According to Section 45(1) of the Cartel Act, the Commission's advisory and recommendatory functions include monitoring the competition situation on the national market as well as addressing recommendations to the authorities on competition policy matters (Section 45(2)). This particularly concerns the drafting and enforcement of legislation relating to economic or competition matters. The Commission should also express its opinion during the consultation procedure with regard to legislative measures which may influence competition (Section 46(2)).

The Competition Commission

    The Secretariat is a part of the Commission, and not an independent body although it has a certain degree of autonomy under the provisions of the Cartel Act, especially in the area of investigations (Sections 26 and 27 of the Cartel Act). It is headed by a director appointed by the Federal Council, and its staff is comprised of civil servants. The duties of the Secretariat include making proposals to the Commission and implementing the latter's decisions (Section 23(1)).

   Under Sections 8 and 31 of the Act, in exceptional circumstances the Federal Council is empowered to grant exemptions to anticompetitive agreements or unlawful practices of undertakings in a position of dominance. The Federal Council is the Chief executive authority in Switzerland.

Global Competition Law

1308. The Secretariat

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Les notions juridiques connexes

1308. The Secretariat

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Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise