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

  Any person who intentionally carries out a concentration without notifying it, or who violates decisions relating to the concentration is punishable by a fine of up to CHW 20,000 (EUR 20,370) (Section 55). In this case, the person held responsible must be a decision-maker for the company and must have acted intentionally. …

Criminal sanctions

   When a prohibited concentration has been implemented or if a concentration is prohibited after implementation, the parties are required to take the necessary measures in order to re-establish effective competition. Thus, the Commission may require the participating undertakings to submit a proposal within a certain time-limit. If the Commission rejects the proposal, it can require any necessary measures to re-establish effective competition: divestiture of assets, de-merger, termination of the anticompetitive effects, or any other measure adequate to restore effective competition (Section 37).

Conditions and commitments - Divestiture

According to Section 51 of the Cartel Act, an undertaking that carries out a concentration without giving notice may be punished by an administrative fine of up to CHF 1 million (EUR 1 million). A fine of the same amount may be imposed for: failure to comply with a provisional ban on carrying out a concentration, failure to comply with an authorization condition, carrying out a prohibited concentration, or for the non-implementation of a measure aimed at restoring effective competition.

Recidivist undertakings may be fined up to 10 per cent of their total annual revenue in Switzerland. 

Failure to provide information wholly or in part is punished with a fine of up to CHF 100,000 (EUR 101,000) (Section 52)

Fines

  Any person who intentionally carries out a concentration without notifying it, or who violates decisions relating to the concentration is punishable by a fine of up to CHW 20,000 (EUR 20,370) (Section 55). In this case, the person held responsible must be a decision-maker for the company and must have acted intentionally.

Global Competition Law

1329. Criminal sanctions

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Les notions juridiques connexes

1329. Criminal sanctions

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