Switzerland

COMCO is a quasi-judicial commission of 11-15 members. Its Secretariat conducts investigations. Appeals go to the Federal Administrative Tribunal and ultimately the Federal Supreme Court.

Article 5 CartA prohibits agreements that significantly restrict competition. Hardcore horizontal restrictions (price-fixing, market-sharing, output limitation) are presumed unlawful. Major cases in banking, construction, and automotive.

Vertical agreements assessed under Article 5 but direct sanctions (fines) only apply to hardcore restrictions such as absolute territorial protection and fixed or minimum resale prices. Non-hardcore vertical restraints may be challenged but not fined directly.

Article 7 CartA prohibits abusive behaviour by dominant undertakings. Dominance thresholds are generally higher than under EU law. Significant cases in telecoms, media, and ticketing.

Mandatory pre-notification for concentrations exceeding turnover thresholds (combined Swiss turnover of CHF 2 billion or combined Swiss turnover of CHF 500 million and individual Swiss turnover of CHF 100 million). Dominance test (not SIEC).

Full immunity or reduced fines under the CartA leniency provisions (Article 49a(2)). Available for horizontal hardcore cartels. Marker system and confidential treatment of leniency applications.

Amicable settlements (einvernehmliche Regelung) under Article 29 CartA. COMCO can accept commitments to resolve proceedings without a formal infringement decision.

Direct sanctions (fines) up to 10% of Swiss turnover for the last three years for hardcore horizontal cartels, abuse of dominance, and failure to notify mergers. No criminal sanctions for substantive competition law infringements.

No equivalent of the EU Digital Markets Act. COMCO applies general competition rules to digital markets. The Federal Council has commissioned studies on platform regulation but no specific legislation has been enacted.

OFCOM (telecoms), ElCom (electricity), FINMA (financial markets), and PostCom (postal) exercise concurrent regulatory oversight. Rail regulation through the Federal Office of Transport.

COMCO Secretariat conducts searches (Hausdurchsuchungen) with authorisation from a member of the presidium. Powers include access to premises, seizure of documents, and electronic evidence collection.

Private actions for injunctive relief and damages under the Code of Obligations (tort law). No equivalent of the EU Damages Directive. Pass-on defence and indirect purchaser standing remain underdeveloped.

Active in ICN and OECD Competition Committee. Bilateral cooperation agreement with the EU. Not part of the ECN. Cooperation with neighbouring authorities (Germany, France, Austria).

Major fines in automotive distribution, financial benchmarks (Libor), and construction. Ongoing reform discussions regarding alignment with EU standards, particularly on vertical restraints and the merger test.