Internal Market Act (IMA)
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 Recommendations by the Competition Commission
1 The Competition Commission shall monitor compliance with this Act by the Confederation, cantons and communes and other agencies responsible for public tasks. 2 It may issue recommendations to the Confederation, cantons and communes on planned and existing legislation. 3 It may conduct investigations and make recommendations to the authorities concerned. 4 In cooperation with the cantons and the federal agencies concerned, it shall ensure the implementation of Article 4 paragraph 3bis and may issue recommendations for this purpose.
Para. 4 — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 July 2006 (AS 2006 2363 2366; BBl 2005 465).
Art. 8a Administrative assistance
Federal, cantonal and the communal agencies shall if requested cooperate with Competition Commission investigations and make the required documents available.
Art. 8a — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 July 2006 (AS 2006 2363 2366; BBl 2005 465).
Art. 8b Duty to provide information
The persons concerned must provide the Competition Commission with all the information required for its investigations and make the required documents available.
Art. 8b — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 July 2006 (AS 2006 2363 2366; BBl 2005 465).
Art. 8c Violation of the duty to provide information
1 Any person who fails to or does not properly comply with the duty to provide information under Article 8b shall be liable to a fine. 2 The Competition Commission shall prosecute and adjudicate violations of the duty to provide information in accordance with the procedural provisions of the Federal Act of 22 March 1974 on Administrative Criminal Law.
Art. 8c — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 July 2006 (AS 2006 2363 2366; BBl 2005 465). Para. 1 — Amended by Art. 333 of the Criminal Code (SR 311.0) in accordance with the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979). Para. 2 — SR 313.0
Art. 9 Rights of appeal
1 Restrictions on free access to the market must be introduced in the form of a contestable ruling. 2 Cantonal law shall provide for a right of appeal to at least one authority independent of the administration. In the case of public procurement, this applies: a. if the value of a contract reaches or exceeds the threshold for the invitation procedure under the cantonal or intercantonal law on public procurement; b. on the inclusion of a supplier on or their removal from a list and on the imposition of a sanction; c. if it is claimed that a public invitation to tender should be issued for the contract. 2bis The Competition Commission may file an appeal in order to obtain a declaration on whether a decision limits access to the market unlawfully. 3 If an appeal relating to a public procurement matter is justified and if a contract has already been concluded with the supplier, the appeal authority shall simply establish the extent to which the contested ruling infringes the applicable law
Para. 1 — Amended by Annex 7 No II 7 of the FA of 21 June 2019 on Public Procurement, in force since 1 Jan. 2021 (AS 2020 641; BBl 2017 1851). Para. 2 let. c — Amended by Annex 7 No II 7 of the FA of 21 June 2019 on Public Procurement, in force since 1 Jan. 2021 (AS 2020 641; BBl 2017 1851). Para. 2bis — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 July 2006 (AS 2006 2363 2366; BBl 2005 465). Para. 3 — Amended by Annex No 138 of the Administrative Court Act of 17 June 2005, in fo
Art. 10 Competition Commission expert reports and hearings
1 The Competition Commission may provide federal, cantonal and communal administrative authorities as well as appeal bodies with expert report on the application of this Act. 2 It may be consulted in the proceedings before the Federal Supreme Court.
Art. 10a Publication of recommendations, expert reports, rulings and judgments
1 The Competition Commission may publish its recommendations and expert reports. 2 The authorities and courts shall provide the Competition Commission with full copies of the rulings and judgments issued in application of this Act without having to be requested to do so. The Competition Commission shall compile these rulings and judgments and may publish them periodically.
Art. 10a — Inserted by No I of the FA of 16 Dec. 2005, in force since 1 July 2006 (AS 2006 2363 2366; BBl 2005 465).