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

  Within 30 days from the date a concentration has been prohibited, the parties may submit an application for authorization by the Federal Council on the grounds of compelling public interest. Pursuant to Section 36(1), if such an application is submitted, the period in which an appeal may be filed with the Federal Administrative Court shall begin to run only after the parties have been notified o …

Proceedings before the Federal Council

In September 1998, the competition authorities issued an official notification form setting out the information to be provided to the Competition Commission. Notification may be filed in German, French or Italian in five copies. Accompanying documents may be submitted in English. The parties do not have to use the official Swiss notification form and foreign forms, such as the EU Form CO, are accepted. Required content of the notification is specified in Section 11 of the 1996 Ordinance - information on the parties to the concentration, their turnovers, a description of the operation and of the markets concerned, etc. The provisions of the 1996 Ordinance were supplemented by an Explanatory Notice of 21 October 2014 which provides further detail on the information required by the Competition Commission.

 Concentrations must be notified where the undertakings meet the criteria set out in Section 4(3) of the Cartel Act. Prior notification is mandatory under Section 9 of the Cartel Act. Within 10 days, the Secretariat must deliver a certificate confirming that notification is complete. The Secretariat has one month to verify and examine the information submitted in Phase I and four additionnal months in Phase II. During this period, the notifying undertakings pledge not to implement the operation, unless the Commission has authorized them to do so for important reasons (Section 11).

Short form notification is possible where the Commission is already familiar with the affected markets following a previous decision, or where an undertaking is entering a new, developing market. The content of the simplified notification is determined by the Secretariat after consultation with the applicants.

Under Section 35 of the Act, if the undertakings concerned implement a merger without notification, an investigation procedure is opened ex officio.

Filing fees for a preliminary investigation are set at CHF 5,000 (EUR 5,092).

Merger notification

  Upon receiving notice of a concentration, the Commission decides whether there are reasons to investigate the operation. It must inform the undertakings concerned of an investigation within one month from the date of the notification. If it fails to do so, the concentration is deemed approved.

  If the preliminary review shows that the concentration may create or strengthen a dominant position, the concentration must be investigated, as part of a Phase 2 procedure. This latter investigation must be completed within four months (Section 33), but the deadline may be extended upon the request of the participating undertakings. If the Commission does not issue its decision within the four-month-period, the merger is deemed approved.

  At the end of the investigating procedure, the Commission has the power to authorize the merger, with or without conditions, or to prohibit it.

Proceedings before the Competition Commission

  Within 30 days from the date a concentration has been prohibited, the parties may submit an application for authorization by the Federal Council on the grounds of compelling public interest. Pursuant to Section 36(1), if such an application is submitted, the period in which an appeal may be filed with the Federal Administrative Court shall begin to run only after the parties have been notified of the Federal Council's decision.

Under Section 36(3) of the Cartel Act, the Council must issue its decision within four months.

Global Competition Law

1326. Proceedings before the Federal Council

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Les notions juridiques connexes

1326. Proceedings before the Federal Council

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