This is the first comprehensive English-language overview of competition law enforcement in Switzerland since the introduction of direct sanctions in 2004. It discusses the key issues facing practitioners: horizontal and vertical agreements (with a particular emphasis on distribution agreements), abuse of dominance, and the newly introduced provisions on relative market power and merger control. It also provides an overview of the key procedural provisions, leniency and amicable settlements, and fines.
The book subsequently analyses the main differences between Swiss and EU competition law and explains why, to what extent, and how companies should conduct a separate analysis under Swiss law. It offers a comprehensive overview and accessible analysis, based on in-depth research of case law, for practitioners and in-house counsels who need to ensure compliance with competition law on a Swiss, European or international basis. It is also a valuable guide for all practitioners, academics and students interested in understanding Swiss competition law.
Enforcement of competition law in Switzerland has intensified and is becoming increasingly important for global companies selling in Switzerland. Moreover, the fines have increased over the last twenty years, and many foreign companies have had to pay substantial fines in recent years. Lastly, the Swiss Federal Supreme Court has now extended the extraterritorial application of Swiss competition law to foreign companies where sales to Switzerland are possible.
Pranvera Këllezi is a Commissioner of the Swiss Federal Competition Commission and a practising lawyer in Geneva, where she advises companies on Swiss and European competition law and its impact on business, as well as on commercial law, data protection, corporate governance and economic regulation. She has more than 20 years of experience in advising on regulations that have a direct impact on the strategy and activities of companies. She holds a PhD from the Faculty of Law of the University of Geneva, an LL.M. in European Law from the College of Europe in Bruges and a Board Director Diploma from IMD, Lausanne.
Chapter 1. Enactment, Scope of Application, and Enforcement of the Cartel Act.- Chapter 2. Agreements.- Chapter 3. Horizontal Agreements.- Chapter 4. Distribution Agreements and Vertical Restraints.- Chapter 5. Abusive Conduct by Dominant Undertakings and Undertakings with Relative Market Power.- Chapter 6. Merger Control.- Chapter 7. Sanctions, Leniency and Amicable Settlements.
