Cartel Act Sanctions Ordinance (CASO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 2 Principles
1 The sanction shall be assessed on the basis of the duration and the seriousness of the unlawful conduct. Appropriate account shall be taken of the probable profit that the undertaking has achieved as a result of its conduct. 2 In determining the sanction, the principle of proportionality shall be observed.
Art. 3 Basic amount
Depending on the seriousness and nature of the infringement, the basic sanction shall amount to a maximum of 10 per cent of the turnover achieved by the undertaking concerned in the relevant markets in Switzerland during the preceding three financial years.
Art. 4 Duration
If the infringement of competition has lasted for one to five years, the basic amount shall be increased by up to 50 per cent. If the infringement has lasted for longer than five years, the basic amount shall be increased by an additional sanction of up to 10 per cent for each additional year.
Art. 5 Aggravating circumstances
1 In the case of aggravating circumstances, the amount under Articles 3 and 4 shall be increased, in particular if the undertaking: a. has repeatedly infringed the Cartel Act; b. has, due to the infringement, achieved a profit that is particularly high by objective standards; c. has refused to cooperate with the authorities or has attempted to obstruct the investigations in any other manner. 2 In the case of restraints of competition under Article 5 paragraphs 3 and 4 Cartel Act, the amount in accordance with Articles 3 and 4 shall be further increased if the undertaking: a. played an instigating or leading role in the restraint of competition; b. instructed or carried out retaliatory measures against other undertakings that participated in the restraint of competition in order to enforce the agreement affecting competition.
Art. 6 Mitigating circumstances
1 If there are mitigating circumstances, and in particular if the undertaking terminates the restraint of competition after the first intervention of the Secretariat of the Competition Commission but at the latest before proceedings under Articles 26–30 Cartel Act are opened, the amount under Articles 3 and 4 shall be reduced. 2 In the case of restraints of competition in accordance with Article 5 paragraphs 3 and 4 Cartel Act, the amount under Articles 3 and 4 shall be reduced if the undertaking: a. played a strictly passive role in the restraint of competition; b. did not carry out retaliatory measures that had been agreed in order to enforce the agreement affecting competition.
Art. 7 Maximum sanction
In no case shall the sanction exceed 10 per cent of the turnover achieved by the undertaking in Switzerland during the preceding three financial years (Art. 49a para. 1 Cartel Act).