The Commission

The Competition Commission consists of 12 members who are elected by the Federal Council. The presidency consists of two members. The Federal Act on Cartels demands that the majority of the members of the Competition Commission are independent experts - usually law and economics professors. Deputies of business associations and consumer organizations take the other seats. This composition is to ensure the priority of objective criteria when electing the Commission members as well as the acquisition of sufficient know-how to take objective decisions.

The Federal Competition Commission decides and decrees on proposals of the Secretariat. All of the activities of the Competition Commission are subject to the provisions of the Federal Act on Administrative Procedure as long as the Federal Act on Cartels does not deviate from it. Whenever a procedure results in the observation that competition is hindered in an unlawful way through concerted practice, abuse of dominant position or merger, the Competition Commission enacts directly against the initiator. Appeals against the decisions may be addressed to the Federal administratif Court. Appeals under administrative law against the decisions of the Competition Appeals Commission have to be addressed to the Federal Supreme Court.

Besides the competence to decide, the Competition Commission is to address recommendations and opinions to the political authorities and give expert advice on important matters concerning competition. This gives the Competition Commission the possibility to focus on concern of competition policy already in the policy making process.