Federal Act
on Cartels and other
Restraints of Competition
(Cartel Act, CartA)

¹ Any un­der­tak­ing that par­ti­cip­ates in an un­law­ful agree­ment pur­su­ant to Art­icle 5 para­graphs 3 and 4 or that is dom­in­ant and be­haves un­law­fully pur­su­ant to Art­icle 7 shall be charged up to 10 per cent of the turnover that it achieved in Switzer­land in the pre­ced­ing three fin­an­cial years.⁴⁷ Art­icle 9 para­graph 3 ap­plies by ana­logy. The amount is de­pend­ent on the dur­a­tion and sever­ity of the un­law­ful be­ha­viour. Due ac­count shall be taken of the likely profit that res­ul­ted from the un­law­ful be­ha­viour.

² If the un­der­tak­ing as­sists in the dis­cov­ery and elim­in­a­tion of the re­straint of com­pet­i­tion, a charge may be waived in whole or in part.

³ The charge is waived if:

a.

the un­der­tak­ing sub­mits no­ti­fic­a­tion of the re­straint of com­pet­i­tion be­fore it takes ef­fect. If the un­der­tak­ing is in­formed of the open­ing of a pro­ced­ure un­der Art­icles 26–30 with­in five months of sub­mit­ting its no­ti­fic­a­tion but con­tin­ues to im­ple­ment the re­straint of com­pet­i­tion, the charge is not waived;

b.

the re­straint of com­pet­i­tion has not been ex­er­cised for more than five years by the time an in­vest­ig­a­tion is opened;

c.

the Fed­er­al Coun­cil has au­thor­ised a re­straint of com­pet­i­tion un­der Art­icle 8.