Summary

On 20 May 2026, the Swiss Federal Council adopted the dispatch on the amendment of the Cartel Act and the Administrative Court Act. The reform concerns the Competition Commission (COMCO) and the Federal Administrative Court (FAC). The core element is a sharper institutional separation between COMCO and its Secretariat. COMCO will be reduced in size from 11–15 to 5–7 members. Companies will receive expanded defence rights, including a deadline of 12 months for the notification of preliminary investigation findings. The Federal Chambers will consider the proposal next.

Persons

(No individually named persons in the source text)

Topics

  • Cartel law / Competition law
  • Institutional reform
  • Procedural rights of companies
  • Swiss federal law
  • Economic regulation

Clarus Lead

The reform comes at a time when the acceptance of competition law decisions in Switzerland is under political pressure. Despite calls during the consultation process for an even stricter separation, the Federal Council is maintaining its draft — with the explicit argument that more far-reaching steps would increase the cost and duration of proceedings. For companies and legal departments, this creates a new time framework: the 12-month deadline for preliminary investigation findings establishes statutory planning certainty in competition proceedings for the first time.

Detailed Summary

The institutional reorganisation provides that investigations will in future be conducted entirely without COMCO's involvement. At the same time, the role of the Secretariat in the decision-making phase will be limited to what is legally necessary. This dual movement — the Secretariat conducts the investigation, COMCO decides — is intended to structurally eliminate conflicts of interest within the authority. The reduction to 5–7 members serves, according to the Federal Council, the purpose of professional focus and strengthens COMCO as a decision-making body vis-à-vis its own Secretariat.

At the Federal Administrative Court, it is planned for the first time to deploy part-time judges with expertise in economics and competition law. In doing so, the Federal Council is responding to criticism of the previous duration of proceedings and the technical depth of the appellate body. Accelerated proceedings and greater acceptance of decisions are the stated objectives.

The responsible Federal Department of Economic Affairs, Education and Research (EAER) conducted the consultation until 6 October 2025. While the direction of the reform received broad approval, numerous participants called for an even stricter separation of authorities and rejected the reduction in COMCO's size. The Federal Council rejected both demands: a more radical separation would increase the cost and duration of proceedings; the reduction in size was indispensable for strengthening the decision-making role.

Key Findings

  • COMCO will be reduced from 11–15 to 5–7 members in order to sharpen its decision-making competence.
  • Investigations will in future be conducted without COMCO's involvement; the Secretariat will be restricted in the decision-making phase.
  • Companies will receive a statutory right to preliminary investigation findings no later than 12 months after the opening of proceedings.
  • Specialist judges with an economics background will be deployed at the FAC to accelerate proceedings.
  • The Federal Council rejected more far-reaching reforms despite criticism during the consultation — citing risks to cost and time.

Critical Questions

  1. (Evidence/Data Quality) What empirical data does the Federal Council rely on in assuming that reducing COMCO to 5–7 members will actually improve decision quality?
  2. (Evidence/Data Quality) How was the 12-month deadline for preliminary investigation findings determined — and are there comparable figures from other jurisdictions?
  3. (Conflicts of Interest/Independence) To what extent does the planned separation between COMCO and the Secretariat guarantee genuine institutional independence, given that both units continue to belong to the same authority structure?
  4. (Conflicts of Interest/Independence) Who determines the selection of part-time specialist judges at the FAC — and what mechanisms prevent conflicts of interest involving judges with a business background?
  5. (Causality/Alternatives) Was it examined whether a complete structural separation — analogous to models in other OECD states — would actually significantly lengthen and increase the cost of proceedings?
  6. (Causality/Alternatives) What alternative models to reducing COMCO's size were considered in order to strengthen decision-making competence without reducing the body's size?
  7. (Feasibility/Risks) How will it be ensured that the 12-month deadline can be met in complex competition proceedings without compromising the quality of the investigation?
  8. (Feasibility/Risks) What transitional provisions apply to ongoing proceedings that were opened under the previous law?

References

Primary Source: Federal Council — Dispatch on the Amendment of the Cartel Act and the Administrative Court Act — news.admin.ch

Supplementary Sources: none provided

Verification Status: ✓ 20.05.2026

This text was produced with the assistance of an AI model. Editorial responsibility: clarus.news | Fact-check: 20.05.2026