1) Is a merger control regulation in force ?
Yes. Swiss merger control is mainly governed by Articles 9 ff. and 32 ff. of the Federal Act on Cartels and Other Restrictions of Competition as well as by the Ordinance on the Control of Concentrations of Undertakings.
2) Which authorities enforce the merger control regulation?
Merger control is enforced by the Competition Commission (ComCo), ComCo's chamber for concentrations (Chamber) and ComCo's secretariat (Secretariat).
The Secretariat processes the notifications and investigates the cases. It submits the request to clear the proposed concentration to the Chamber or to open a phase II investigation. The Chamber clears cases in phase I. Both the Chamber and ComCo can decide to open a phase II investigation. ComCo decides whether to clear or prohibit a proposed merger in phase II.
3) Relevant regulations and guidelines with links:
The merger regulation is essentially included in Articles 9 ff. and 32 ff. of the Act on Cartels and the Ordinance on the Control of Concentrations of Undertakings. Links to the relevant legislation, guidelines and forms are listed here.
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Originally Published by Global Legal Guides, Merger Filers
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
