281. Competition Law and Policy in Switzerland
- Publication Date:
- 03-2006
- Content Type:
- Policy Brief
- Institution:
- The Organisation for Economic Co-operation and Development
- Abstract:
- Competition policy plays a key role in promoting consumer welfare and market opening. Lack of competition is a main reason for the high prices of many products and services on the Swiss market. Traditionally, Swiss competition policy has been relatively lenient and low profile, allowing a relatively uncompetitive internal market to remain unchallenged. The impact of competition policy on economic development has therefore been at best neutral. As the slow rate of growth becomes an issue, however, a more vigorous approach to competition has been identified as an important factor for improving growth prospects. The 2003 reform of the Cartel Act strengthened Swiss competition law, in particular by introducing direct sanctions for the most serious infringements and a leniency programme, thus bringing it closer to that of the European Union and of many other OECD countries. The Swiss Competition Commission has been given considerable new powers to combat private restraints of competition. Comco will have to enforce the new laws resolutely and step up action to promote regulatory reforms. In doing so, it is burdened by institutional arrangements and mechanisms that temper its full independence. The Swiss competition enforcers do not benefit from the networks of exchanges available to national competition authorities in EU member States. Matters are further complicated by a relative lack of resources. Strengthening competition is a key for an effective internal market. The amendments to strengthen the Cartel Law and pending reform proposals signal determination on the part of the Confederation to tackle the problems. It is too early to say how effective they will be and the extent to which they will encourage a change in general attitudes, notably among the sub federal levels of government.
- Topic:
- Development, Economics, International Organization, International Trade and Finance, and Law
- Political Geography:
- Switzerland