Bern, 13 June 2025 — The Swiss Federal Council has launched a public consultation on proposed reforms to the country’s competition law and administrative court procedures. The move aims to strengthen antitrust enforcement and improve trust in the system among stakeholders.
The consultation, opened on 13 June 2025, focuses on amending the Federal Act on Cartels and other Restraints of Competition (Cartel Act) and the Federal Administrative Court Act. The proposed changes respond to longstanding concerns from both the business community and policymakers about how competition cases are investigated and decided.
Clearer Separation of Roles Within WEKO
One of the key reforms targets the institutional structure of the Swiss Competition Commission (WEKO), an independent federal authority, and its Secretariat. The investigation and decision-making functions will be more clearly separated: WEKO members will no longer be involved in cases during the investigative phase, while the Secretariat’s advisory role during decision-making will be significantly limited.
The Federal Council also plans to streamline the composition of WEKO. The number of members would be reduced from 11–15 to just 5–7, allowing the body to focus more sharply on technical expertise and reinforcing its position relative to the Secretariat.
Greater Procedural Rights for Companies
Companies under investigation would gain new procedural rights. Within one year of launching a formal investigation, the Secretariat would be required to provide parties with preliminary evidence. A new data room procedure would also allow access to documents containing business secrets under secure conditions, enhancing companies’ ability to defend themselves.
Specialised Judges at the Federal Administrative Court
In another significant change, the Federal Administrative Court (BVGer) would begin appointing part-time judges with specific expertise in economics and competition law. The involvement of these specialised judges is intended to speed up proceedings and make rulings more comprehensible.
The proposed reforms closely follow the recommendations of an expert commission chaired by former Federal Supreme Court judge Hansjörg Seiler. In a final report published in December 2023, the commission concluded that WEKO functions well and that the existing institutional framework meets rule-of-law standards. A complete overhaul was therefore deemed unnecessary.
The consultation period will give stakeholders the opportunity to provide feedback on the draft legislation before the government proceeds with formal legislative steps.
Source: https://www.news.admin.ch/de/newnsb/rmcut-F-sdl0FkSs9MU2Z
