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

Pursuant to Section 49(1)(a) of the Cartel Act, any undertaking that participates in an unlawful agreement (Section 5 (3) and (4)) or abuses of its dominant power (Section 7) can be charged up to 10 per cent of the turnover that it achieved in Switzerland in the preceding three financial years. The amount is dependent on the duration and seriousness of the unlawful behavior. Due account shall be t …

Fines

Pursuant to section 30 of the Cartel Act, once in receipt of a proposal from the Secretariat, the Commission shall specify the “appropriate measures to be taken.”

Cease and desist orders

Pursuant to Section 49(1)(a) of the Cartel Act, any undertaking that participates in an unlawful agreement (Section 5 (3) and (4)) or abuses of its dominant power (Section 7) can be charged up to 10 per cent of the turnover that it achieved in Switzerland in the preceding three financial years. The amount is dependent on the duration and seriousness of the unlawful behavior. Due account shall be taken of the likely profit that resulted from the unlawful behavior (for more detailed rules, practitioners should refer to the Cartel Act Sanctions Ordinance of 12 March 2004 and Federal Act of 19 March 2021 as amended).

The infringement of an amicable settlement, a legally enforceable decision of the Competition Commission or a ruling on appeal shall be charged up to 10% per cent of the turnover the undertaking achieved in Switzerland in the preceding three financial years (Section 50).

Intentional violation of an amicable settlement, a legally enforceable decision of the Competition authorities or a ruling on appeal is punishable by a fine of up to CHF 100,000 (EUR 102,293).

Failure to comply or partial compliance with a decision of the competition authorities regarding the information to be provided is punishable by a fine of up to CHF 20,000 (EUR 20,458).

During a civil action, false oral testimony is criminally punished. The judge must ask witnesses to tell the truth and remind them they may be jailed or imprisoned for up to three years for failure to do so. False testimony given under oath is punished with a jail sentence of at least three months, or imprisonment of up to three years (Section 306 of the Swiss Criminal Code).

Criminal sanctions

Provisions regarding leniency may be found in Section 49(a)(2) of the Cartel Act, Section 8 et seq. of the 12 March 2004 Cartel Act Sanctions Ordinance and the 8 September 2014 Explanatory Note on the Leniency program. Under the leniency program, an undertaking that participates in a hardcore cartel may avoid the fine if it has been the first to submit evidence to enable the Competition Commission to initiate an investigation or discover a cartel. However, the instigator of the cartel cannot apply for full immunity. For the following undertakings, the fine can be partially reduced by up to 50% if they cooperate with the investigators and by up to 80% if they provide information on other cartels (Leniency Plus Program). The program also applies to abuses of a dominant position, but in this case, only a fine reduction is available.

In addition, pursuant to Section 49(a)(3) of the Cartel Act, no fine may be imposed when an undertaking notifies a restraint of competition to the Competition Commission before it takes effect. However, the waiver of the fine does not apply where, within five months of a notification, the Competition Commission decides to initiate proceedings. An Explanatory Note of 21 October 2014 describes the procedure and conditions for the waiver of fine attached to such notification.

Finally, a contact sheet has been set up for whistleblowers, i.e. persons wishing to anonymously report a competition law infringement.

Global Competition Law

1315. Fines

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Les notions juridiques connexes

1315. Fines

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise