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- Title
Kartellrechtliche Schadenersatzklagen in der Schweiz.
- Authors
Pauer, Nada Ina; Heinemann, Andreas
- Abstract
Cartel damages claims are almost inexistent in Switzerland. A currently pending revision of the Swiss Competition Act intends to remove important obstacles. After lengthy discussions, standing will be granted to consumers, and the limitation period will be suspended during ongoing administrative investigations. Collective actions, which are currently limited to injunctive relief, shall be opened up to damages claims. However, further measures are necessary, such as improved access to evidence. Furthermore, the prospects seem bleak as the legislator aims to raise the requirements for proving an illegal cartel in a way that does not comply with OECD standards. It is impossible to invigorate compensation efforts and to strengthen competition enforcement this way.
- Subjects
SWITZERLAND; DAMAGE claims; COLLECTIVE action; CONSUMERS; LEGISLATORS; CARTELS
- Publication
Wirtschaft und Wettbewerb, 2023, Issue 7, p399
- ISSN
0043-6151
- Publication type
Article