k-flash audio commentRevision of the Cartel Act
k-flash audio commentRevision of the Cartel Act

The case

“A Strategic Milestone for Switzerland’s Innovation and Business Ecosystem” (economiesuisse)

Source: NZZ 28.10.2025 & economiesuisse

The commentary

Last week, the Economic Affairs Committee of the Council of States resolved the key differences in the partial revision of the Cartel Act.

“The Parliament plans to overturn a Federal Court ruling concerning Elmex* toothpaste by means of a legislative amendment. The proposed change would require the Competition Commission (Wettbewerbskommission) to meet higher thresholds before imposing fines.”

* non-committal price recommendations are only permissible if they are actually non-binding, any actual enforcement violates antitrust law. (BGE 143 II 297)

This reform is highly significant for Swiss businesses as it enables meaningful cooperation that fosters innovation and benefits consumers. Industry associations welcome the decision: “A swift conclusion to the dossier is crucial for reinforcing Switzerland’s attractiveness as a location for innovation and business”. (economiesuisse)

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