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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. 37Restoration of effective competition
1 If a prohibited concentration has been implemented or if a concentration is prohibited after its implementation and exceptional authorisation for the concentration has not been requested or granted, the undertakings concerned are required to take the necessary steps to restore effective competition.
2 The Competition Commission may require the undertakings concerned to make binding proposals as to how effective competition may be restored. It shall set them a deadline within which to do so.
3 If the Competition Commission accepts the proposed measures, it may decide how and by when the undertakings concerned must implement them.
4 If the undertakings concerned do not make any proposals despite being required to do so by the Competition Commission, or if the proposals are not accepted by the Competition Commission, the Competition Commission may order the following measures by way of a ruling:
a.
the separation of any combined undertakings or assets;
b.
the cessation of the controlling influence;
c.
other measures to restore effective competition.