Chapter 2: Substantive Provisions
Section 1: Unlawful Restraints of Competition
< Art. 5 Unlawful agreements affecting competition
> Art. 7 Unlawful practices by dominant undertakings
Art. 6 Categories of agreements affecting competition that are deemed justified
1 The conditions under which agreements affecting competition are as a general rule deemed justified on grounds of economic efficiency may be set out in ordinances or general notices. In doing so the following agreements will be taken into consideration in particular:
- a.
- co-operation agreements relating to research and development;
- b.
- specialisation and rationalisation agreements, including agreements concerning the use of tools for calculating costs;
- c.
- agreements granting exclusive rights to purchase or sell certain goods or services;
- d.
- agreements granting exclusive licences for intellectual property rights;
- e.1
- agreements that have the purpose of improving the competitiveness of small and medium-sized undertakings, provided their effect on the market is limited.
2 Such ordinances and general notices may also recognise particular forms of co-operation specific to certain sectors of the economy as being generally justified, in particular agreements concerning the effective implementation of public law provisions on the protection of customers or investors in the field of financial services.
3 General notices shall be published by the Competition Commission in the Federal Gazette. Ordinances within the meaning of paragraphs. 1 and 2 above shall be issued by the Federal Council.
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).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.