• Draft for Revised Communication on Vertical Agreements in Switzerland
  • July 6, 2010 | Authors: Blaise Carron; Roland Mathys
  • Law Firms: Wenger Plattner - Bern Office ; Wenger Plattner - Basel Office
  • On 30th April 2010, the COMCO issued a draft for a revision of the existing Communi-cation on vertical agreements. The deadline for submitting public opinions was 8th June 2010. The reform of the Cartel Act in 2003 strengthened Swiss competition law. The legisla-tor sought to address the existing weaknesses and to align Swiss competition law closer to the EU framework, not only by introducing direct sanctions for serious in-fringements or by enacting new investigation procedures such as dawn raids, but also by introducing a presumption of illegality for specific vertical agreements involving resale price maintenance and absolute territorial protection in art. 5 para. 4 Cartel Act.