The Swiss National Council has completed its deliberations on the partial revision of the Cartel Act (CartA), adopting several core elements of the reform. This marks a significant step toward modernizing Swiss competition law. The draft legislation now enters the conciliation process. The revised provisions are not expected to take effect before 2026.

1. Clarity on Key Points of the Revision

The following elements were broadly supported and have been adopted:

• Modernization of merger control through the introduction of the SIEC test (significant impediment to effective competition), along with streamlined notification requirements.
• Strengthening of private antitrust enforcement, particularly by expanding legal standing for civil claims.
• Adjustments to procedural law, including a reinforcement of the ex officio investigation principle in administrative proceedings.

2. Key Issues Pending in the Conciliation Process

Several differences between the National Council and the Council of States remain to be resolved:

• For hardcore restrictions of competition, the National Council supports a case-by-case effects-based assessment, relying on both qualitative indicators and quantitative elements.
• The National Council rejects the Council of States’ proposed limitation of the presumption of price-fixing to minimum and fixed prices and maintains the current, broader wording.
• The National Council further advocates for a similar effects-based test for abuse of dominance cases.

3. What This Means for Businesses

Companies operating in Switzerland should anticipate the following impacts:

• Lower intervention thresholds in merger control, potentially resulting in more frequent in-depth (Phase II) reviews.
• Stricter evidentiary standards for competition authorities, if the effects-based approach is adopted, when proving anticompetitive agreements or abuse of dominance.
• Facilitated access to civil litigation, with lower hurdles for filing antitrust damages claims.