Switzerland

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  • Service: Tax, Legal, Competition Law
  • Type: Business and industry issue
  • Date: 8/2/2011

Rules regarding Cartel Law Qualification of Supply and Purchase Agreements 

The rules regarding cartel law qualification of supply and purchase agreements have been reviewed. Informal agreements on resale prices and price recommendations, the allotment of territories and the allocation of customer groups are particularly problematic and are in part at risk of sanctions.
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Exclusivity clauses and provisions which result in the purchaser obtaining more than 80 percent of its requirements for a product from one single supplier (for example minimum orders), are only permitted in limited circumstances and may be impermissible.

Enterprises must adapt their contracts, in accordance with the announcement of the Swiss Competition Commission on vertical agreements, within the transition period ending 31 July 2011. Where market share of the supplier or the purchaser exceeds 15 percent, or 30 percent respectively, particular care should be taken in light of the potential impermissibility of certain agreements and their unenforceability.

 

German and French versions of the publication entitled "Chancen und Risiken rechtlicher Neuerungen 20010/11" may be ordered from Schulthess Verlag.

 

Publication in German

 

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Competition Law

It is a central issue for enterprises to comply with competition law.