Cartel Act (CartA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 1 Purpose
The purpose of this Act is to prevent the harmful economic or social effects of cartels and other restraints of competition and, by doing so, to promote competition in the interests of a liberal market economy.
Art. 2 Scope
1 This Act applies to private or public undertakings that are parties to cartels or to other agreements affecting competition, which exercise market power or which participate in concentrations of undertakings. 1bis Undertakings are all consumers or suppliers of goods or services active in commerce regardless of their legal or organisational form. 2 This Act applies to practices that have an effect in Switzerland, even if they originate in another country.
Para. 1bis — Inserted by No I of the FA of 20 June 2003, in force since 1 April 2004 (AS 2004 1385 1390; BBl 2002 2022 5506).
Art. 3 Relationship to other statutory provisions
1 Statutory provisions that do not allow for competition in a market for certain goods or services take precedence over the provisions of this Act. Such statutory provisions include in particular: a. provisions that establish an official market or price system; and b. provisions that grant special rights to specific undertakings to enable them to fulfil public duties. 2 This Act does not apply to effects on competition that result exclusively from the legislation governing intellectual property. However, import restrictions based on intellectual property rights shall be assessed under this Act. 3 The procedures to assess restraints of competition under this Act shall take precedence over procedures under the Price Supervision Act of 20 December 1985 unless the Competition Commission and the Price Supervisor jointly decide otherwise.
Para. 2 — Sentence inserted by No I of the FA of 20 June 2003, in force since 1 April 2004 (AS 2004 1385 1390; BBl 2002 2022 5506). Para. 3 — SR 942.20
Art. 4 Definitions
1 Agreements affecting competition are binding or non-binding agreements and concerted practices between undertakings operating at the same or at different levels of production which have a restraint of competition as their object or effect. 2 Dominant undertakings are one or more undertakings in a specific market that are able, as suppliers or consumers, to behave to an appreciable extent independently of the other participants (competitors, suppliers or consumers) in the market. 2bis An undertaking with relative market power is an undertaking on which other undertakings are dependent for the supply of or demand for goods or services in such a way that there are no adequate and reasonable opportunities for switching to other undertakings. 3 Concentration of undertakings are: a. the merger of two or more previously independent undertakings; b. any transaction, in particular the acquisition of an equity interest or the conclusion of an agreement, by which one or more undertakings acquir
Para. 2 — Amended by No I of the FA of 20 June 2003, in force since 1 April 2004 (AS 2004 1385 1390; BBl 2002 2022 5506). Para. 2bis — Inserted by No I of the FA of 19 March 2021, in force since 1 Jan. 2022 (AS 2021 576; BBl 2019 4877).