Executive Summary

The Swiss Federal Council opened public consultation on three cartel law ordinances on 27 May 2026. The revisions implement the partial revision of the Cartel Act decided by Parliament in December 2025. Key points include modernized merger control with international examination standards, new sanctions rules (damages, compliance defense), and the introduction of party compensation. The consultation period runs until 17 September 2026.

Persons

  • Federal Council (collectively; decision-makers)

Topics

  • Cartel law
  • Competition law
  • Business controls
  • Regulatory reform

Clarus Lead

The revision signals a fundamental modernization of Swiss competition law according to international standards – a strategic signal for financial market supervision following the UBS-Credit Suisse crisis. The explicit recognition of compliance defense and the adjustment of sanctions assessment demonstrate differentiated regulatory policy that balances corporate responsibility with legal certainty. Concrete new requirements emerge for companies and their compliance departments.

Detailed Summary

The cartel law partial revision is based on a parliamentary decision of 19 December 2025 and requires the complete revision of three of four associated ordinances. The Ordinance on the Control of Business Mergers (originally from 1996) is being completely rewritten to implement the international examination standard. Additionally, provisions on bank merger control are being clarified – directly derived from the Federal Council's postulate report of 12 December 2025 on the competitive effects of the UBS-Credit Suisse merger.

The Cartel Law Sanctions Ordinance (from 2004) is also being completely revised. Henceforth, damage compensation payments will be explicitly considered in sanctions assessment, the objection procedure will be reformed, and the so-called compliance defense (defense mechanism for companies with proven compliance systems) will be legally recognized. The Cartel Law Fees Ordinance (from 1998) will be revised to implement the newly introduced party compensation for first-instance administrative proceedings – an improvement in procedural access for parties involved.

Key Statements

  • Federal Council opens consultation on three cartel law ordinances (until 17 September 2026)
  • Modernization of merger control according to international standard
  • Explicit recognition of compliance defense and new sanctions assessment

Critical Questions

  1. Evidence/Data Quality: Is the adjustment of the examination standard based on an empirical analysis of market concentrations in Switzerland, or does it primarily follow international conventions without local validation?

  2. Conflicts of Interest: To what extent did the postulate report on the UBS-Credit Suisse merger influence the design of the new bank merger control – is there a risk of regulatory overreaction to a single case?

  3. Causality/Alternatives: Why was compliance defense chosen as an explicit sanctions mitigation rather than merely as a discretionary matter? What alternatives were examined?

  4. Feasibility: How will companies need to concretely demonstrate compliance with the new requirements, and what costs will SMEs incur in implementation?

  5. Transparency: Will consultation results be publicly documented, or will the weighting of submissions remain non-transparent?

Sources

Primary Source: [State Visit Poland / Cartel Law Ordinance Revision] – https://www.news.admin.ch/de/newnsb/TO8Va1gKIBcynMpwqrF2L

Verification Status: ✓ 27.05.2026

This text was created with the support of an AI model. Editorial responsibility: clarus.news | Fact-check: 27.05.2026