Comparing Switzerland with the EU, which jurisdiction is more stringent in the competition law assessment of agreements? I was commissioned by the Swiss State Secretariat for Economic Affairs SECO to draft a study on this question. This was undertaken in light of the current partial review of the Swiss Cartel Act.
The study assesses the criteria used in the two legal systems to distinguish between “hard” and “soft” agreements, the distribution of the burden of proof and the principles for setting administrative sanctions.
Download the study using this link.
