Unfair Competition Act (UCA)

By Steph3
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In The Matter OfUnfair Competition Act (UCA)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.

Art. 23 Unfair competition

1 Any person who wilfully competes unfairly in terms of Articles 3, 4, 5 or 6 shall on complaint be liable to a custodial sentence not exceeding three years or a monetary penalty. 2 Any person who has the right under Articles 9 or 10 to bring civil proceedings may file a criminal complaint. 3 The Confederation has the rights of a private claimant in the proceedings.

Art. 23 — Amended by Art. 2 No 1 of the FD of 7 Oct. 2005 on the Adoption and Implementation of the Council of Europe Criminal Law Convention on Corruption and its Additional Protocol, in force since 1 July 2006 (AS 2006 2371; BBl 2004 6983). Para. 1 — Amended by No II 1 of the FA of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591). Para. 3 — Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

Art. 24 Violation of the duty to indicate prices to consumers

1 Any person who wilfully: a. breaches the duty to indicate prices (Art. 16) or to indicate the basic price (Art. 16a); b. breaches the regulations on indicating prices in advertising (Art. 17); c. indicates prices in a misleading way (Art. 18); d. breaches the obligation to provide information in connection with indicating prices (Art. 19); e. breaches the Federal Council implementing regulations on indicating prices or indicating the basic price (Art. 16, 16a and 20), shall be liable to a fine not exceeding 20 000 francs. 2 If the offender acts through negligence, the penalty is a fine.

Para. 1 let. a — Amended by Art. 26 of the Metrology Act of 17 June 2011, in force since 1 Jan. 2013 (AS 2012 6235; BBl 2010 8013). Para. 1 let. e — Amended by Art. 26 of the Metrology Act of 17 June 2011, in force since 1 Jan. 2013 (AS 2012 6235; BBl 2010 8013). Para. 1 — Amended by Art. 333 of the Swiss Criminal Code in its version in the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).

Art. 25

Repealed by No I of the FA of 24 March 1995, with effect from 1 Nov. 1995 (AS 1995 4086; BBl 1994 III 442).

Art. 26 Offences in businesses

Offences in businesses, by agents and suchlike are governed by Articles 6 and 7 of the Federal Act on Administrative Criminal Law of 22 March 1974.

SR 313.0

Art. 26a Revocation and blocking of domain names and telephone numbers

1 If domain names or telephone numbers have been used in order to commit a criminal offence under Article 23 in conjunction with Article 3 or under Article 24 and the measure concerned is required in order to prevent further offences, the public prosecutor or the court may order the following measures without regard to the criminal liability of any specific person: a. the revocation of a second level domain name subordinate to an internet domain whose administration is Switzerland's responsibility; b. the revocation or the blocking of a telephone number for fixed-network services or for mobile telecommunications services. 2 The authority directing the proceedings may order the temporary blocking of the domain name or the telephone number until the criminal proceedings have been concluded.

Art. 26a — Inserted by Annex No 2 of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).

Art. 27 Prosecution

1 Prosecution is the responsibility of the cantons. 2 The cantonal authorities shall provide the Office of the Attorney General of Switzerland and the Federal Department of Economic Affairs, Education and Research with full details of all judgments, summary penalty orders and decisions to dismiss proceedings without delay and free of charge.

Para. 2 — Name in accordance with No I 5 of the O of 15 June 2012 (Restructuring the Departments), in force since 1 Jan. 2013 (AS 2012 3655). Para. 2 — Amended by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).