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Switzerland introduces the concept of relative market power and restricts geoblocking

22/03/2021

On Friday, 19 March 2021, the Swiss parliament adopted in its final vote the amended parliamentary counter-proposal to the popular initiative "Stop the high price island - for fair prices". This counter-proposal to what is known as the Fair Price Initiative will lead to two major amendments to Swiss law. Firstly, the concept of relative market power will be introduced into the Cartel Act (CartA) by including the definition of relative market power and a new type of abuse. Secondly, a ban on geoblocking will be included in the Federal Act against Unfair Competition (UCA). These new provisions are expected to enter into force before the end of 2021, provided that no referendum against them is launched. The Fair Price Initiative was launched in 2017 with the aim of combating high prices in Switzerland. However, the question of whether the provisions initiated were the right ones for this purpose became a point of controversy in the media and among experts. It is expected that the implementation of these provisions will require further clarification for many companies and adjustments to business practices and internal compliance standards.

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Authors

Portrait ofMarquard Christen
Marquard Christen, LL.M., MAS
Partner
Zurich
Portrait ofPatrick Sommer
Dr Patrick Sommer, H.E.E.
Partner
Zurich
Portrait ofHadi Mirzai
Hadi Mirzai
Senior Associate
Zurich
Fabian Martens, LL.M., LL.M., MA
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