Abstract
With the effectiveness of the revision of the Swiss Cartel Act on April 1, 2004, the Competition Commission (the COMCO) gained considerable new powers, especially the power to sanction anticompetitive behavior by imposing substantial fines. Additionally, the revision provided the COMCO with enhanced means of gathering evidence of competition law infringements by conducting dawn raids, thereby increasing the probability of detection and punishment for competition law infringements. Both steps together aimed at strengthening the deterrent effect of antitrust sanctions. Against this background, the article investigates to what extent the revision has reached its goal by conducting a survey among Swiss antitrust lawyers and firms. The results show that the revision certainly has strengthened the deterrent effect of antitrust sanctions in Switzerland. However, in some areas, greater specificity of the legal provisions is advisable in order to increase legal certainty and to avoid negative effects on social welfare by deterring procompetitive behavior.
Get full access to this article
View all access options for this article.