Federal Act
on Unfair Competition
(Unfair Competition Act, UCA)


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Art. 10 Right of customers, organisations and the Confederation to take legal action 29

1 The ac­tions un­der Art­icle 9 are also avail­able to cus­tom­ers whose eco­nom­ic in­terests are threatened or dam­aged by un­fair com­pet­i­tion.

2 In ad­di­tion, the fol­low­ing en­tit­ies may bring ac­tions un­der Art­icle 9 para­graphs 1 and 2:

a.
pro­fes­sion­al and trade as­so­ci­ations which are au­thor­ised un­der their art­icles to safe­guard the eco­nom­ic in­terests of their mem­bers;
b.
or­gan­isa­tions of na­tion­al or re­gion­al im­port­ance which, in ac­cord­ance with their art­icles, are ded­ic­ated to con­sumer pro­tec­tion;
c.30
...

3 The Con­fed­er­a­tion may also bring ac­tions un­der Art­icle 9 para­graphs 1 and 2 if it re­gards it as ne­ces­sary in or­der to pro­tect the pub­lic in­terest, and in par­tic­u­lar if:

a.
Switzer­land's repu­ta­tion abroad is threatened or dam­aged and the per­sons whose eco­nom­ic in­terests are af­fected are based abroad; or
b.
the in­terests of sev­er­al per­sons or of a group of mem­bers of an in­dustry or oth­er col­lect­ive in­terests are threatened or dam­aged.31

4 Where re­quired in or­der to pro­tect the pub­lic in­terest, the Fed­er­al Coun­cil shall in­form the pub­lic about un­fair prac­tices, and name the busi­nesses con­cerned. Where there is no longer a pub­lic in­terest, the pub­lic­a­tions con­cerned shall be de­leted.32

5 In the case of ac­tions by the Con­fed­er­a­tion, the ap­plic­a­tion of this Act is man­dat­ory in ac­cord­ance with Art­icle 18 of the Fed­er­al Act of 18 Decem­ber 198733 on Private In­ter­na­tion­al Law.34

29 Amended by An­nex 1 No II 15 of the Civil Pro­ced­ure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

30In­ser­ted by No I of the FA of 20 March 1992 (AS 1992 1514; BBl 1992 I 355). Re­pealed by No I of the FA of 17 June 2011, with ef­fect from 1 April 2012 (AS 2011 4909; BBl 2009 6151).

31 In­ser­ted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

32 In­ser­ted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

33 SR 291

34 In­ser­ted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

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