Cartel Act (CartA) in english

Cartel Act - 2022

Art. 1 - The purpose of this Act is to prevent the harmful economic or social effects of cartels and other [...]
Art. 2 - This Act applies to private or public undertakings that are parties to cartels or to other [...]
Art. 3 - Statutory provisions that do not allow for competition in a market for certain goods or services [...]
Art. 4 - Agreements affecting competition are binding or non-binding agreements and concerted practices [...]
Art. 5 - Agreements that significantly restrict competition in a market for specific goods or services and [...]
Art. 6 - The conditions under which agreements affecting competition are as a general rule deemed justified [...]
Art. 7 - Dominant undertakings and undertakings with relative market power behave unlawfully if, by abusing [...]
Art. 8 - Agreements affecting competition and behaviour by dominant undertakings that have been declared [...]
Art. 9 - Planned concentrations of undertakings must be notified to the Competition Commission before their [...]
Art. 10 - Concentrations that have to be notified shall be investigated by the Competition Commission if a [...]
Art. 11 - A concentration of undertakings that has been prohibited in accordance with Article 10 may be [...]
Art. 12 - A person hindered by an unlawful restraint of competition from entering or competing in a market is [...]
Art. 13 - In order to enforce the right to elimination and desistance, the courts may, at the plaintiff's [...]
Art. 14 - -
Art. 15 - If the legality of a restraint of competition is questioned in the course of civil proceedings, the [...]
Art. 16 - -
Art. 18 - The Federal Council appoints the Competition Commission and designates the members of the presiding [...]
Art. 19 - The Competition Commission is independent of the administrative authorities. It may organise itself [...]
Art. 20 - The Competition Commission issues internal rules of procedure, primarily setting out the details of [...]
Art. 21 - The Competition Commission and the chambers are quorate if at least half the members, but in no [...]
Art. 22 - Members of the Competition Commission must recuse themselves if there are grounds for recusal under [...]
Art. 23 - The Secretariat prepares the Competition Commission's business, conducts any investigations and, [...]
Art. 24 - The Federal Council appoints the executive management of the Secretariat and the Competition [...]
Art. 25 - The competition authorities are bound by the rules on official secrecy
Art. 26 - The Secretariat may conduct preliminary investigations ex officio, at the request of undertakings [...]
Art. 27 - If there are indications of an unlawful restraint of competition, the Secretariat shall, in [...]
Art. 28 - The Secretariat gives notice of the opening of an investigation by way of official [...]
Art. 29 - If the Secretariat considers that a restraint of competition is unlawful, it may propose an [...]
Art. 30 - In response to a motion from the Secretariat, the Competition Commission decides on the appropriate [...]
Art. 31 - If the Competition Commission has decided that a restraint of competition is unlawful, the parties [...]
Art. 32 - On receiving a notification of a planned concentration of undertakings (Art. 9), the Competition [...]
Art. 33 - If the Competition Commission decides to conduct an investigation, the Secretariat publishes the [...]
Art. 34 - The legal effect of a concentration that has to be notified is suspended, subject to the expiry of [...]
Art. 35 - If a concentration that should have been notified has been implemented without due notification, the [...]
Art. 36 - If the Competition Commission has prohibited a concentration, the undertakings concerned may, [...]
Art. 37 - If a prohibited concentration has been implemented or if a concentration is prohibited after its [...]
Art. 38 - The Competition Commission may revoke an authorisation or decide to investigate a concentration [...]
Art. 39 - The Administrative Procedure Act of 20 December 196833 applies to all procedures under [...]
Art. 40 - Parties to agreements, undertakings with market power, undertakings concerned in concentrations and [...]
Art. 41 - Federal and cantonal government offices are required to co-operate with the competition authorities [...]
Art. 42 - The competition authorities may hear third parties as witnesses and require the parties to an [...]
Art. 42 - The Competition Commission is the Swiss authority responsible for co-operation with the [...]
Art. 42 - Data may only be disclosed to a foreign competition authority based on an act, an international [...]
Art. 43 - The following may come forward in order to take part in an investigation concerning a restraint of [...]
Art. 44 - -
Art. 45 - The Competition Commission shall constantly monitor the status of competition
Art. 46 - Federal bills relating to commercial matters that are likely to influence competition shall be [...]
Art. 47 - The Competition Commission shall provide other authorities with expert reports on competition law [...]
Art. 48 - The competition authorities may publish their decisions
Art. 49 - The Secretariat and the Competition Commission shall inform the public of their [...]
Art. 49 - Any undertaking that participates in an unlawful agreement pursuant to Article 5 paragraphs 3 and 4 [...]
Art. 50 - Any undertaking that to its advantage breaches an amicable settlement, a final and non-appealable [...]
Art. 51 - Any undertaking that implements a concentration that should have been notified without filing a [...]
Art. 52 - Any undertaking that does not, or does not fully fulfil its obligation to provide information or [...]
Art. 53 - Breaches are investigated by the Secretariat in consultation with a member of the presiding body. [...]
Art. 53 - The competition authorities charge fees for:
Art. 54 - Any person who wilfully violates an amicable settlement, a final and non-appealable ruling of the [...]
Art. 55 - Any person who wilfully does not, or does not fully comply with a ruling of the competition [...]
Art. 56 - The power to prosecute violations of amicable settlements and administrative orders (Art. 54) is [...]
Art. 57 - The prosecution and adjudication of criminal offences is governed by the Federal Act of 22 March [...]
Art. 58 - If a party to an international agreement asserts that a restraint of competition is incompatible [...]
Art. 59 - If in implementing an international agreement, it is found that a restraint of competition is [...]
Art. 59 - The Federal Council shall arrange for the evaluation of the effectiveness of the measures and the [...]
Art. 60 - The Federal Council issues the implementing provisions
Art. 61 - The Cartel Act of 20 December 198554 is repealed
Art. 62 - Ongoing procedures before the Cartel Commission relating to agreements affecting competition shall [...]
Art. 63 - This Act is subject to an optional referendum
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