At a glance: competition law investigations in Switzerland
detection
beginning of the investigation
How is an investigation into an alleged violation of competition law initiated?
The Competition Commission, usually after receiving information or complaints from third parties, can either conduct a market review or open an investigation directly. The opening will be published and third parties will have 30 days to indicate their intention to participate.
limitation period
What are the statutes of limitations for investigating antitrust violations?
The limitation period for administrative sanctions is 10 years; the opening of an investigation may set a new deadline. Criminal sanctions for violation of an amicable agreement or official orders expire in five years, other criminal sanctions in two years. The regular limitation periods apply to claims under civil law (e.g. for tortious acts one year from the time the injured party became aware of the damage and the person causing the damage, but in any case 10 years from the action causing the damage). ).
Information Gathering Powers
What powers does the competition authority have to collect information?
The Competition Commission can request the information from the suspected companies and other market participants, it can question witnesses and order a house search.
Raids at dawn
For which violations will the competition authority carry out a house search? Are there special procedural rules for house searches?
Dawn Raids are increasingly used; they can be used to investigate competition law violations.
WEKO has issued detailed guidelines for conducting a house search.
The search team may search business premises as well as private (residential) premises and vehicles. All electronic data that the search team can access from the searched premises can also be searched.
Dawn Raids – Rights and Responsibilities
What rights and obligations does the company have in the event of a house search?
The occupant of the searched premises has the right to be present; however, his presence is not required. The company has to accept the search and cooperate to a certain extent, for example by opening rooms, safes and also disclosing passwords in accordance with Weko guidelines (however, the Federal Supreme Court has such an obligation on 12). There is no further obligation to cooperate, for example by specifying additional material or premises. The company may require certain data (paper or electronic files) to be sealed (e.g. attorney-client correspondence).
refusal to cooperate
What are the penalties and other consequences of refusing to cooperate with the authorities during an investigation?
Once ComCo has issued a formal request for information, the company that refuses to cooperate may be subject to administrative sanctions (and in the event of a final judgement, non-cooperation may result in increased final administrative sanctions) and the individuals may be subject to criminal sanctions – fines of up to 20′ 000 francs.
There is no general obligation to notify the regulator of antitrust violations, but regulated entities (e.g. banks) may need to notify their regulator under the regulatory rules applicable to them.