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. 8 Requirements
1 The Competition Commission shall grant an undertaking complete immunity from a sanction if the undertaking reports its own participation in a restraint of competition within the meaning of Article 5 paragraphs 3 and 4 Cartel Act and if it is the first undertaking to: a. provide information that enables the competition authority to open competition law proceedings under Article 27 Cartel Act; or b. provide evidence that enables the competition authority to establish an infringement of competition in accordance with Article 5 paragraphs 3 or 4 Cartel Act. 2 Immunity from a sanction shall be granted only if the undertaking: a. has not coerced any other undertaking into participating in the infringement of competition and has not played the instigating or leading role in the relevant infringement of competition; b. voluntarily submits to the competition authority all available information and evidence relating to the infringement of competition that lies within its sphere of influence; c
Para. 4 let. b — The correction of 18 Feb. 2021 concerns the Italian text only (AS 2021 100).
Art. 9 Form and content of the voluntary report
1 The voluntary report shall contain all necessary information on the undertaking itself, on the nature of the reported infringement of competition, on the other undertakings participating in the infringement of competition and on the affected or relevant markets. The voluntary report may also take the form of verbal statement which is subsequently transcribed. 2 The undertaking may file the voluntary report by submitting anonymous information. The Secretariat shall determine the modalities on an individual basis in consultation with a member of the presiding body of the Competition Commission. 3 The Secretariat shall acknowledge receipt of the voluntary report, indicating the date and time of receipt. It shall inform the reporting undertaking in consultation with a member of the presiding body: a. of the extent to which it regards the requirements for complete immunity from the sanction in accordance with Article 8 paragraph 1 as fulfilled; b. of any additional information that the re
Art. 10 Procedure in the case of several voluntary reports
The competition authority shall consider any subsequently received voluntary reports only after it has reached a decision on previously received voluntary reports in accordance with Article 9 paragraph 3.
Art. 11 Decision on complete immunity from sanction
1 The Competition Commission shall decide whether to grant complete immunity from the sanction. 2 The Competition Commission may only depart from a communication by the Secretariat pursuant to Article 9 paragraph 3 letter a if it subsequently receives information that precludes the granting of immunity from a sanction.