20 Jahre - und kein bisschen weiter?

The Swiss Cartel Act of 1995 (SCA 95) has now been in force for some 20 years. It is the first competition law of Switzerland that consistently aims at protecting “effective competition”. Former Swiss laws in the field allowed for consideration of broad political aspects, which resulted in a competition policy where even “hard-core cartels” could easily be justified. – The authors of this paper are dealing with the question as to whether the parameters of the current law are being implemented in accordance with the legislator’s intention. Given the nature of taditional Swiss competition policy, this does not go without saying. The focus of the paper is on Article 5 SCA about restrictive agreements