Federal Act of 6 October 1995 on cartels and other restraints of competition
-
Abbreviation
:
CartA
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Provision
:
Art. 12 and 13
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Short description
:
Compulsory licence in the event of hindrance of competition
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Nature of the provision
:
Compulsory licence
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Status
:
In force
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Sector
:
All
Legal text :
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.
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.