10 December 2025 | Briefing
Partial Revision of Swiss Cartel Act
Approaches Finish Line
10 December 2025 | Briefing
Partial Revision of Swiss Cartel Act
Approaches Finish Line
On 19 December 2025, the Swiss Parliament will pass the partial revision of the Cartel Act. The most important changes are:
- Agreements and the abuse of market power will need to be assessed under an effects-based analysis. In addition, the scope of price agreements that are subject to fines is narrowed.
- In merger control proceedings, the new Significant Impediment to Effective Competition (SIEC)-test lowers the intervention threshold for the Competition Commission (COMCO). In addition, COMCO may extend phase 1-proceedings by one month and phase 2-proceedings by two months with the consent of the parties.
- As regards antitrust proceedings, also individuals can be searched in dawn raids. Furthermore, investigations will need to be concluded within certain non-binding time limits.
- Antitrust civil law is strengthened by the introduction of standing for consumers and the public sector, as well as by the suspension of the limitation period for the duration of the COMCO investigation and the appeal proceedings.
- The compliance defense is expressly enshrined in the law.
