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. 12 Rights arising from a hindrance of competition
1 A person hindered by an unlawful restraint of competition from entering or competing in a market is entitled to request: a. the elimination of or desistance from the hindrance; b. damages and satisfaction in accordance with the Code of Obligations; c. surrender of unlawfully earned profits in accordance with the provisions on agency without authority. 2 Hindrances of competition include in particular the refusal to deal and discriminatory measures. 3 The rights set out in paragraph 1 above are also accorded to persons who are hindered by a lawful restraint of competition more than is necessary for the implementation of that restraint.
Para. 1 let. b — SR 220
Art. 13 Enforcement of the right to elimination and desistance
In order to enforce the right to elimination and desistance, the courts may, at the plaintiff's request, rule that: a. any contracts are null and void in whole or in part; b. the person responsible for the hindrance of competition must conclude contracts with the person so hindered on terms that are in line with the market or the industry standard.
Art. 14
Repealed by Annex 1 No II 16 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
Art. 15 Assessment of the legality of a restraint of competition
1 If the legality of a restraint of competition is questioned in the course of civil proceedings, the case shall be referred to the Competition Commission for an expert report. 2 If a restraint of competition that is as such unlawful is claimed to be necessary for compelling public interest reasons, the matter shall be decided by the Federal Council.
Art. 16 and 17
Repealed by Annex 1 No II 16 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).