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. 58 Ascertainment of the facts
1 If a party to an international agreement asserts that a restraint of competition is incompatible with that agreement, the EAER may instruct the Secretariat to conduct a preliminary investigation. 2 In response to a motion proposed by the Secretariat, the EAER decides what, if any, further action to take; before that, it shall hear the parties involved.
Art. 59 Elimination of incompatibilities
1 If in implementing an international agreement, it is found that a restraint of competition is incompatible with that agreement, the EAER may in consultation with the Federal Department of Foreign Affairs propose an amicable settlement to the parties involved so as to eliminate the incompatibility. 2 If an amicable settlement cannot be reached in time and one party to the agreement threatens to take protective measures against Switzerland, the EAER may in consultation with the Federal Department of Foreign Affairs determine the measures necessary to eliminate the restraint of competition in a ruling.
