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Federal Act of 6 October 1995 on cartels and other restraints of competition

Source : Federal law
Code/RS : SR 251
  • Abbreviation :

    CartA

  • Provision :

    Art. 12 and 13

  • Short description :

    Compulsory licence in the event of hindrance of competition

  • Nature of the provision :

    Compulsory licence

  • Status :

    In force

  • Sector :

    All

Actor with an obligation to share data

Company abusing its dominant position

Beneficiaries

Company subject to abuse

Linking criteria for Switzerland

Linking criteria for Switzerland

Financial aspects

Remuneration may be required

Conditions for accessing data

Presence of harmful restrictions on competition

Exceptions and limitations

Not specified

Not specified

Format

Not specified

Plateform

n/a

Notes

The Cartel Act (CartA) allows the Competition Commission (COMCO) and the civil courts to intervene against a company that is recognised as dominant in the market and that abuses this position. In addition to imposing a financial penalty on the company concerned, these authorities may also grant third parties non-discriminatory access to data held by the company and classified as ‘essential data’. The instrument of compulsory licences is envisaged in this context in order to guarantee access to non-personal data.

Actor with an obligation to share data Company abusing its dominant position

Beneficiaries Company subject to abuse

Linking criteria for Switzerland n/a

Financial aspects Remuneration may be required

Conditions for accessing data Presence of harmful restrictions on competition

Exceptions and limitations Not specified

Time component Not specified

Format Not specified

Plateform n/a

Notes The Cartel Act (CartA) allows the Competition Commission (COMCO) and the civil courts to intervene against a company that is recognised as dominant in the market and that abuses this position. In addition to imposing a financial penalty on the company concerned, these authorities may also grant third parties non-discriminatory access to data held by the company and classified as ‘essential data’. The instrument of compulsory licences is envisaged in this context in order to guarantee access to non-personal data.

Compilation and Disclaimer

This index was prepared on behalf of the IPI by the law firm id est avocats Sàrl (for the section on Swiss law) and the law firm Pierstone (for the section on European law). 

This index does not constitute legal advice, and no guarantee is given regarding its completeness. 

Neither id est avocats Sàrl, nor Pierstone, nor the IPI or the FDJP can be held liable for any decisions or actions taken on the basis of this index.