07 April 2021 I Briefing

Swiss Federal Supreme Court Limits Privilege Against Self-Incrimination in Antitrust Proceedings

The Federal Supreme Court has ruled that a former CEO of a corporation that is a party to antitrust proceedings, cannot in principle invoke the privilege against self-incrimination under Article 6(1) of the European Convention on Human Rights (ECHR) in those antitrust proceedings. However, the Federal Supreme Court appears to recognise that privilege against self-incrimination applies to the current members of the bodies of the corporation under investigation.

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