Cartel Act Sanctions Ordinance (CASO)

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In The Matter OfCartel Act Sanctions Ordinance (CASO)
Exhibit A
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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 Requirements

1 The Competition Commission shall reduce the sanction if an undertaking voluntarily cooperates in proceedings and if it terminates its participation in the infringement of competition no later than at the time at which it submits evidence. 2 The reduction shall amount to up to 50 per cent of the sanction calculated in accordance with Articles 3–7. The importance of the undertaking’s contribution to the success of the proceedings shall be decisive. 3 The reduction shall amount to up to 80 per cent of the sanction calculated in accordance with Articles 3–7 if an undertaking voluntarily provides information or submits evidence on further infringements of competition in accordance with Article 5 paragraph 3 or 4 Cartel Act.

Art. 13 Form and content of the cooperation

1 The undertaking shall submit to the competition authority all necessary information on the reporting undertaking itself, on the nature of the reported infringement of competition, on the undertakings participating in the infringement of competition and on the affected or relevant markets. 2 The Secretariat shall acknowledge receipt of the evidence, indicating the date and time of receipt.

Art. 14 Decision on the reduction

1 The Competition Commission shall decide on the amount by which the sanction imposed on the cooperating undertaking shall be reduced. 2 If the cooperating undertaking produces evidence that contains information on the duration of the infringement of competition of which the Competition Commission had no knowledge, the latter shall calculate the sanction without taking this period into consideration.