Evaluation of the Cartel Act

Art. 59a of the revised Cartel Act requires the Federal Council to evaluate the efficiency and conformity of any proposed measure under Cartel Act before submitting a report and recommendation to Parliament on the measure concerned.

These new provisions result from a summary prepared by a group formed during the winter of 2006/2007 by the Head of the Federal Department of Economic Affairs (DFEA). The Task Force Cartel Act included members from academia, the competition authorities, the Federal Administration, and a foreign expert on competition matters.

On 14 January 2009, the Federal Council was presented with the Synthesis Report of the Task Force Cartel Act, based on 15 reports and studies. The Synthesis Report evaluated the ongoing effects and functioning of the Cartel Act, discussed the required modifications, and concluded with a series of proposals for the consideration of Parliament and the executive authorities (Federal Council, FDEA, and competition authorities).

The Task Force Cartel Act took the view that the Cartel Act has demonstrated its ability to serve its stated purpose. For example, the new legal instruments (leniency program, search powers and opposition proceedings) in the revised Cartel Act accurately reflect the legislator's will. However, further modifications are necessary in order to achieve improvement in the institutions (COMCO and its Secretariat), international cooperation, merger control and vertical restraints. Further recommendations concern procedures, enforcing civil claims, and sanctions.

Synthesis Report