Switzerland is in the final phase of a partial revision of the Cartel Act, expected to be adopted in December 2025 and to enter into force in early 2027. The reform introduces focused changes to substantive antitrust law, merger control, procedure, and civil enforcement, with the aim of strengthening effects based analysis and modernising enforcement.
Restrictive agreements will no longer be presumed unlawful by their form alone. A case by case assessment of actual competitive effects will be required to establish a significant restriction of competition, based on market conditions and evidence. This change is particularly relevant for cooperation and vertical agreements. The scope of finable price agreements is also reduced. Only agreements that fix final prices on the demand side remain subject to fines, while agreements on gross prices are no longer automatically finable where effective rebate competition exists.
Abuse of dominance and of relative market power will likewise require proof of concrete actual or likely anticompetitive effects. Findings based on abstract risks or hypothetical theories of harm will no longer suffice.
Merger control is revised through the introduction of the Significant Impediment to Effective Competition test. The Competition Commission will be able to intervene without having to establish dominance, while merger specific efficiencies must be demonstrated by the notifying parties. Longer and more frequent in depth investigations are expected, particularly to align with EU practice.
Procedural rules are adjusted accordingly. Merger review deadlines may be extended with party consent, and antitrust investigations are subject to a non-binding overall timeframe of five years. The presumption of innocence is expressly codified, authorities must investigate incriminating and exculpatory elements equally, dawn raids may extend to individuals, and parties are entitled to cost reimbursement where proceedings close without sanctions.
Civil enforcement is strengthened by granting standing to end consumers and public authorities and by suspending limitation periods during administrative proceedings. Finally, the compliance defence is expressly recognised in the statute and must be considered when fines are set, although its practical impact will depend on future enforcement practice.
