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Ordinance on Sanctions imposed for Unlawful Restraints of Competition (Cartel Act Sanctions Ordinance, CASO)
of 12 March 2004 (Status as of 18 February 2021)
Art. 5Aggravating circumstances
1 In the case of aggravating circumstances, the amount under Articles 3 and 4 shall be increased, in particular if the undertaking:
a.
has repeatedly infringed the Cartel Act;
b.
has, due to the infringement, achieved a profit that is particularly high by objective standards;
c.
has refused to cooperate with the authorities or has attempted to obstruct the investigations in any other manner.
2 In the case of restraints of competition under Article 5 paragraphs 3 and 4 Cartel Act, the amount in accordance with Articles 3 and 4 shall be further increased if the undertaking:
a.
played an instigating or leading role in the restraint of competition;
b.
instructed or carried out retaliatory measures against other undertakings that participated in the restraint of competition in order to enforce the agreement affecting competition.