The following Competiton guidance note Produced in partnership with Vischer provides comprehensive and up to date legal information covering:
A conversation with Klaus Neff, partner at Swiss law firm Vischer, on key issues on merger control in Switzerland.
NOTE–to see whether notification thresholds in Switzerland and throughout the world are met, see Where to Notify.
Comprehensive legislative efforts to substantially amend the Swiss Cartel Act (ACart) stopped in late 2014. The then proposed changes to the Swiss merger control regime (most importantly a switch to the substantive SIEC test prevalent in the EU) have not materialised.
A White Paper (with consultation) was been issued by the State Secretariat for Economic Affairs (SECO) on 5 July 2018 that addresses a ‘Partial amendment of the ACart’. SECO's proposals as regards merger control are the following:
the introduction of the SIEC-test (in analogy to the EU)
the introduction of a dynamic consumer welfare standard for the assessments of notifiable concentrations
the facilitation of notifications of concentrations that affect Switzerland and the EEA, which are also notifiable to the European Commission, and
the introduction of a possibility to align deadlines with merger control proceedings before the European Commission (ie to flexibilize the hard deadlines currently prevalent in Swiss merger control proceedings).
According to Article 1 of the Ordinance on Merger Control (OMC), control over a company
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