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 rules on mergers and concentrations are set out in sections 9-11, and 32-38 of the Cartel Act and in the Ordinance on Merger Control of 17 June 1996 ("the 1996 Ordinance"). Although Switzerland is not a member of the EU, Swiss merger control rules are largely based on the provisions of the EU Merger Regulation, both in their substantive provisions and their scope. Specific rules apply to the …

Context

  The rules on mergers and concentrations are set out in sections 9-11, and 32-38 of the Cartel Act and in the Ordinance on Merger Control of 17 June 1996 ("the 1996 Ordinance"). Although Switzerland is not a member of the EU, Swiss merger control rules are largely based on the provisions of the EU Merger Regulation, both in their substantive provisions and their scope. Specific rules apply to the banking and insurance as well as to the media sectors.

Section 4(3) of the Cartel Act applies the same definition of a concentration as Section 3(1) of the EU Merger Regulation, namely:

- the merger of two or more undertakings hitherto independent of each other;

- any transaction whereby one or more undertakings obtain direct or indirect control of all or part of one or more hitherto independent enterprises, in particular by the acquisition of an equity interest or conclusion of an agreement.

Concept of concentration

To be subject to control, a concentration must meet the thresholds established under the Act. Pursuant to Section 9(1) of the Cartel Act, a concentration must be notified where, in the last business year prior to the concentration:

- the combined aggregate worldwide turnover of all the undertakings concerned exceeded CHF 2 billion (EUR 2,04 billion) or their turnover in Switzerland was at least CHF 500 million (EUR 509 million), and,

- at least two of the undertakings concerned reported an individual turnover in Switzerland of at least CHF 100 million (EUR 101 million).

Pursuant to Section 9(4) of the Cartel Act, an undertaking is required to notify a concentration, even where the abovementioned thresholds are not met, where the undertaking enjoys a position of dominance on the relevant Swiss market.

Thresholds

   Where a concentration creates or strengthens a dominant position that eliminates competition and does not lead to the improvement of competition in another market, thereby outweighing the harmful effects of the dominant position, the Commission may prohibit it or authorize it subject to conditions or commitments. When considering the effects of a concentration, the authorities are also required, pursuant to Section 10(4) of the Cartel Act, to take into consideration “market developments and the situation with regard to international competition.”

  Section 11 of the Cartel Act enables the Federal Council to approve prohibited concentrations in exceptional circumstances for reasons of public interest.

Global Competition Law

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Les notions juridiques connexes

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Les notions juridiques connexes

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