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Federal Act on Cartels and other Restraints of Competition (Cartel Act, CartA)
of 6 October 1995 (Status as of 1 July 2023)
Art. 31Exceptional authorisation
1 If the Competition Commission has decided that a restraint of competition is unlawful, the parties involved may, within 30 days, submit to the EAER an application for exceptional authorisation from the Federal Council for compelling public interest reasons. If such an application is submitted, the period in which an appeal may be filed with the Federal Administrative Court begins to run only after notification of the parties of the Federal Council's decision.29
2 Applications for exceptional authorisation by the Federal Council may also be submitted within 30 days of the entry into effect of a judgment of the Federal Administrative Court or the Federal Supreme Court.30
3 The authorisation is of limited duration and may be subject to conditions and obligations.
4 The Federal Council may on request extend an authorisation if the conditions for granting it continue to be met.
29 Sentence amended by Annex No 27 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 21971069; BBL 2001 4202).
30 Amended by Annex No 27 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 21971069; BBL 2001 4202).