The case
Last week, the Council of States voted in favour of revising the Cartel Act, Switzerland’s antitrust legislation.
The commentary
The revised law generally follows the proposal made by the Federal Council: The key changes include banning three types of horizontal agreements and two types of vertical agreements between businesses. The Council of States also approved an individual proposal aimed at preventing price discrimination against Swiss customers when purchasing products or services abroad, under certain conditions. However, this provision targeting price discrimination abroad is seen as economically dubious and unusual from an international perspective. It may also be very difficult to enforce in practice and is unlikely to have the intended effect. More details on the revisions can be found in the press release from the Swiss government, May 3, 2024. – The bill now goes to the National Council.
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