Summary
The Swiss Parliament passed a partial revision of the Cartel Act (CA) on 19 December 2025. The Department of Economy, Education and Research is now opening a consultation on the total revision of three cartel law regulations. The regulations affected are the Merger Control Ordinance (MCO), the CA Sanctions Ordinance (SCAO) and the CA Fees Ordinance (FeeO-CA). The consultation period runs until 17 September 2026. In addition to the law revision, the adjustments also take into account recent developments in case law.
Persons
- Department of Economy, Education and Research (Federal Authority)
Topics
- Cartel Act (CA)
- Competition Law
- Regulatory Adjustment
- Ordinance Revision
Clarus Lead
The consultation signals that the cartel law reform has reached concrete implementation steps. Companies and stakeholders must prepare for changed merger control procedures, new sanctions rules and potentially adjusted fee structures. The deadline until September 2026 gives interested parties four months to comment.
Detailed Summary
The total revision of the three ordinances is based on two pillars: First, the partial revision of the Cartel Act passed by Parliament itself makes adjustments to subordinate legislation mandatory. Second, case law and legislative practice have developed significantly since the last ordinance revision, making a comprehensive modernization of all three instruments necessary.
The Merger Control Ordinance (MCO) regulates the merger control procedure. The Sanctions Ordinance (SCAO) determines fines and enforcement mechanisms. The Fees Ordinance (FeeO-CA) sets out cost-sharing. All three are being totally revised simultaneously to ensure coherence.
Key Points
- Parliament passed Cartel Act revision on 19 December 2025
- Three ordinances are being totally revised: MCO, SCAO, FeeO-CA
- Consultation period: 27 May to 17 September 2026
- Adjustments take into account recent case law and legislative developments
Critical Questions
Evidence: What specific gaps or contradictions in the existing ordinances has case law uncovered since the last revision?
Conflicts of Interest: How is it ensured that no conflicts of interest arise in the Fees Ordinance between the authority and regulated companies?
Causality: Are the changes in the Cartel Act revision itself or the development of case law the primary driver for the total revision?
Feasibility: What transition period will be provided for companies to adapt to new merger control procedures?
Side Effects: Could stricter sanctions rules deter domestic mergers and endanger competitiveness?
Source Directory
Primary Source: Consultation Notice: Total Revision of Cartel Law Regulations – https://fedlex.data.admin.ch/eli/dl/proj/2026/12/cons_1
Verification Status: ✓ 27 May 2026
This text was created with the support of an AI model. Editorial Responsibility: clarus.news | Fact-checking: 27 May 2026