Chapter 2: Substantive Provisions
Section 2: Concentrations of Undertakings
< Art. 8 Exceptional authorisation for compelling public interest reasons
> Art. 10 Assessment of concentrations
Art. 9 Notification of planned concentrations
1 Planned concentrations of undertakings must be notified to the Competition Commission before their implementation if in the financial year preceding the concentration:
- a.
- the undertakings concerned together reported a turnover of at least 2 billion Swiss francs, or a turnover in Switzerland of at least 500 million Swiss francs, and
- b.
- at least two of the undertakings concerned each reported a turnover in Switzerland of at least 100 million Swiss francs.
3 In the case of insurance companies, “turnover” shall be replaced by “annual gross insurance premium income”, and in the case of banks and other financial intermediaries that are subject to the accounting regulations set out in the Banking Act of 8 November 19342 by “gross income”.3
4 Notwithstanding anything set out in paragraphs 1 to 3 above, notification shall be mandatory if one of the undertakings concerned has in proceedings under this Act in a final and non-appealable decision been held to be dominant in a market in Switzerland, and if the concentration concerns either that market or an adjacent market or a market upstream or downstream thereof.
5 The Federal Assembly may by general federal decree not subject to a referendum:
- a.
- adjust the amounts set forth in paragraphs 1 to 3 above, taking account of any change in circumstances;
- b.
- establish special criteria for the notification of concentrations in certain sectors of the economy.
1 Repealed by No. I of the Federal Act of 20 June 2003, with effect from 1 April 2004 (AS 2004 1385 1390; BBl 2002 2022 5506).
2 SR 952.0
3 Amended in accordance with 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.