Chapter 4: Administrative Procedure
Section 6: Administrative Sanctions
< Art. 49 Duty to provide information
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Art. 49a1 Sanction for unlawful restraints of competition
1 Any undertaking that participates in an unlawful agreement pursuant to Article 5 paragraphs 3 and 4 or that behaves unlawfully pursuant to Article 7 shall be charged up to 10 per cent of the turnover that it achieved in Switzerland in the preceding three financial years. Article 9 paragraph 3 applies by analogy. The amount is dependent on the duration and severity of the unlawful behaviour. Due account shall be taken of the likely profit that resulted from the unlawful behaviour.
2 If the undertaking assists in the discovery and elimination of the restraint of competition, a charge may be waived in whole or in part.
3 The charge is waived if:
- a.
- the undertaking submits notification of the restraint of competition before it takes effect. If the undertaking is informed of the opening of a procedure under Articles 26-30 within five months of submitting its notification but continues to implement the restraint of competition, the charge is not waived;
- b.
- the restraint of competition has not been exercised for more than five years by the time an investigation is opened;
- c.
- the Federal Council has authorised a restraint of competition under Article 8.
1 Inserted by No. I of the Federal Act of 20 June 2003, in force since 1 April 2004 (AS 2004 1385 1390; BBl 2002 2022 5506). See also the Final Provisions at the end of this Act.
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.