Evaluation of Swiss Competition Law

Abstract

After several decades of a rather cooperative approach towards the prosecution of competition restrictions in Switzerland, the Federal Act on Cartels and Other Restraints of Competition (Cartel Act) of 1995 introduced a range of new provisions into Swiss competition law. In 2003, the Cartel Act was partially revised and new instruments were introduced, namely financial sanctions, a leniency program and dawn raids. The revised Cartel Act requires the Swiss government to evaluate the effectiveness of the Cartel Act and to submit a report and recommendations on further steps to Parliament. In the evaluation, 15 legal and economic studies were conducted along a policy model comprising concept, implementation, output, impact and economic outcome of competition policy in Switzerland. All in all, the instruments provided in the revision of the Cartel Act in 2003 accomplish the goals of the legislator. However, the studies together suggest that some improvements are feasible and necessary in order to achieve its goals more efficiently from an economic perspective.