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Articles by Astrid Waser
Institutional Reform Of The Swiss Competition Commission – Proposal Of The Federal Council
Marcel Meinhardt’s articles from Lenz & Staehelin are most popular: within Antitrust/Competition Law topic(s) with readers working within the Retail & Leisure industries Lenz & Staehelin are most popular: within Antitrust/Competition Law, Privacy and Environment topic(s) with Senior Company Executives and HR in Switzerland Following the adoption of the revised Cartel Act in December 2025 (see Insight of 5 December 2026), on 20 May 2026 the Swiss Federal Council adopted its long-awaited...
Swiss Court Decides To Hear Landmark Climate Litigation
Lenz & Staehelin are most popular: within Government and Public Sector topic(s) On December 17, 2025, the Cantonal Court of Zug decided to hear a landmark climate lawsuit against Swiss cement producer Holcim. The lawsuit seeks to clarify whether individuals affected by climate change can bring civil claims before Swiss courts. The case is brought by four Indonesian individuals against the Swiss cement producer Holcim.
Switzerland Adopts Foreign Direct Investment Regime
Lenz & Staehelin are most popular: with readers working within the Insurance industries Switzerland adopts a foreign direct investment (FDI) screening regime focused exclusively on acquisitions by state-controlled foreign investors. The Swiss Parliament is set to pass the new law this December. The regime aims to safeguard public order and security in defined sensitive sectors and with activity thresholds.
Swiss Cartel Act Set For Landmark Revision
Lenz & Staehelin are most popular: in Switzerland with readers working within the Insurance industries Switzerland's long-awaited revision of the Cartel Act is nearing the finish line.
Simplification Of The Sustainability Frameworks: Swiss And EU Updates
Valérie Menoud’s articles from Lenz & Staehelin are most popular: within Corporate/Commercial Law topic(s) in Switzerland with readers working within the Accounting & Consultancy and Banking & Credit industries Legislators in Switzerland and the EU are taking significant steps to simplify their respective sustainability reporting and corporate sustainability due diligence frameworks.
Switzerland To Introduce New Law On Supervision And Transparency In Wholesale Energy Markets
On March 21, 2025, the Swiss legislative bodies ratified the Swiss Federal Law on the Supervision and Transparency in the Wholesale Energy Markets ("Swiss REMIT"). Swiss REMIT aligns with the EU Regulation No. 1227/2011 ("EU REMIT") and introduces comprehensive reporting obligations, market conduct regulations, and a supervisory role for the Swiss Federal Electricity Commission ("ElCom") to ensure market integrity and transparency. It is expected to enter into force in 2026.
The EU Omnibus Package And Its Implications For Swiss Companies
On 26 February 2025, the European Commission published its 'Omnibus' package of proposals aimed at streamlining the existing sustainability framework, most notably the CSRD, CSDDD, and Taxonomy Regulation. The proposals are designed to reduce administrative burdens for companies, especially SMEs, with the goal of enhancing EU competitiveness.
The EU Omnibus Package and its Implications for Swiss Companies
On 26 February 2025, the European Commission published its 'Omnibus' package of proposals aimed at streamlining the existing sustainability framework, most notably the CSRD, CSDDD, and Taxonomy Regulation. The proposals are designed to reduce administrative burdens for companies, especially SMEs, with the goal of enhancing EU competitiveness.
Swiss sanctions against Russia - Partial implementation of the EU 14th Sanctions Package
On 21 August 2024, the Swiss Federal Council adopted a new set of sanctions against Russia, further aligning the Swiss sanctions with the European Union's 14th sanctions package. The newly adopted restrictions focus on several key areas, including a ban on Russian diamonds, extended deadlines for divestment transactions approval, and stricter financial and export controls. They are set to enter into force on 27 August 2024.
Swiss Federal Supreme Court Redefines Abuse Of Dominant Market Position
In last week's leading case on the abuse of a dominant position (2C_698/2021), the Federal Supreme Court sweepingly redefines the interpretation of abusive pricing and margin squeezes as well as the interplay between competition law and sector regulation. The court rules that Swisscom had not acted abusively and, therefore, lifts the sanction of around CHF 8m in its entirety.
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CONTRIBUTING SINCE APRIL 2001 With over 200 lawyers and offices in three major economic centres, Lenz & Staehelin is one of the largest law firms in Switzerland. Known for its high professional standards, the firm provides its domestic and international clients with a full range of services in the main areas of law. It is ranked amongst the leading practitioners in business law.
Swiss Federal Supreme Court redefines abuse of dominant market position
In last week’s leading case on the abuse of a dominant position (2C_698/2021), the Federal Supreme Court sweepingly redefines the interpretation of abusive pricing and margin squeezes as well as the interplay between competition law and sector regulation. The court rules that Swisscom had not acted abusively and, therefore, lifts the sanction of around CHF 8m in its entirety.
Climate Change Landmark Case – European Court Of Human Rights Condemns Switzerland For Not Doing Enough Against Climate Change - Climate Change - Switzerland
In a historic ruling, the European Court of Human Rights ("Court") found that the European Convention on Human Rights ("Convention") encompasses a right to effective protection by the State authorities against the adverse effects of climate change. The Court found that Switzerland had failed to act in a timely and sufficient manner to adopt and implement relevant legislation and measures to mitigate climate change, violating Article 8 of the Convention.
Climate change landmark case - European Court of Human Rights condemns Switzerland for not doing enough against climate change
In a historic ruling, the European Court of Human Rights ("Court") found that the European Convention on Human Rights ("Convention") encompasses a right to effective protection by the State authorities against the adverse effects of climate change. The Court found that Switzerland had failed to act in a timely and sufficient manner to adopt and implement relevant legislation and measures to mitigate climate change, violating Article 8 of the Convention.
Swiss sanctions against Russia - Approaching deadlines for renewing declarations of assets and transactions reporting
Overview of recent SECO's clarifications On 21 December 2023, the Swiss State Secretariat for Economic Affairs (SECO) released an updated "frequently asked questions" (FAQ) document.
Introduction D'un Examen Des Investissements – Le Conseil Fédéral Suisse Publie Le Projet Et Le Message - Inward/ Foreign Investment - Switzerland
La Suisse ne dispose à ce jour pas de réglementation générale sur le contrôle des investissements directs étrangers. Avec le projet de loi publié le 15 décembre 2023, un contrôle sectoriel des investissements devrait être introduit. Le projet de loi vise uniquement à réglementer les acquisitions d'entreprises suisses actives dans des domaines critiques par des investisseurs étatiques étrangers.
Introduction Of Foreign Investment Control – Swiss Federal Council Publishes Draft Legislation And Disptach For Parliament - Inward/ Foreign Investment - Switzerland
Switzerland does not yet have an overarching regime for the screening of foreign direct investments in place. The draft legislation published on 15 December 2023 seeks to introduce a targeted sector-specific foreign investment control regime in Switzerland and aims to regulate acquisitions of domestic companies operating in particularly critical sectors by foreign state-controlled investors.
Einführung Einer Investitionskontrolle - Schweizer Bundesrat Veröffentlicht Entwurf Und Botschaft - Inward/ Foreign Investment - Switzerland
Die Schweiz verfügt bislang über keine übergreifende Regelung zur Prüfung von ausländischen Direktinvestitionen. Mit dem am 15. Dezember 2023 publizierten Gesetzesentwurf soll eine sektorspezifische Investitionskontrolle eingeführt werden. Der Gesetzesentwurf will ausschliesslich Übernahmen von in kritischen Bereichen tätigen inländischen Unternehmen durch ausländische staatlich kontrollierte Investoren regulieren.
Le règlement de l'UE sur les subventions étrangères : Implications pour les entreprises en Suisse
A partir du 12 juillet 2023, le Foreign Subsidies Regulation (FSR) s'appliquera. La Commission européenne pourra désormais examiner les concentrations qui atteignent les seuils de notification pour déterminer si des subventions provenant d'États non membres de l'UE faussent le marché intérieur. Cet examen s'ajoute aux procédures de contrôle de concentrations et d'examen des investissements étrangers.
The EU Foreign Subsidies Regulation: Implications for Companies in Switzerland
As of July 12, 2023, the European Foreign Subsidies Regulation (FSR) will apply. The European Commission can now examine concentrations that meet the filing thresholds for subsidies from non-EU Member States distorting the internal market. This review is in addition to the merger control procedures and foreign investment screenings. The FSR also introduces a comprehensive subsidy control for public procurement procedures.
Die EU Foreign Subsidies Regulation: Implikationen für Unternehmen in der Schweiz
Ab dem 12. Juli 2023 gilt die europäische Foreign Subsidies Regulation (FSR). Die EUKommission kann neu meldepflichtige Unternehmenszusammenschlüsse auf wettbewerbsverzerrende Subventionen aus Nicht-EU-Ländern prüfen. Diese Prüfung tritt zu der wettbewerbsrechtlichen Fusionskontrolle und den Investitionskontrollverfahren hinzu. Mit der FSR wird zudem eine weitreichende Subventionskontrolle im Vergaberecht eingeführt.
The public procurement bidding process in Switzerland
All questions The bidding process i Notice As far as regulated procurement contracts at the federal level are concerned, all calls for tender, as well as the awards of the contract, are published on Simap,2 the government's public procurement information system platform. ii Procedures Swiss public procurement law provides four main methods of procurement.
Swiss sanctions against Russia - Adoption of further measures
The Swiss Federal Council continues aligning the Swiss sanctions regime to the EU sanctions against Russia. On January 25, 2023, the Swiss Federal Council enacted further sanctions against Russia, in line with the 9th sanctions package adopted by the European Union (EU). The new measures relate to bans on product testing, advertising, market research and opinion polling services, as well as the export ban on aircraft and drones.
Corporate ESG reporting: Latest developments
The last quarter of 2022 saw two notable advances in relation to ESG reporting in Switzerland and in the European Union. In Switzerland, the Federal Council adopted an Ordinance on Climate Disclosures to complement the non-financial reporting rules that apply for the first time with respect to the financial year 2023. In the EU, the colegislator adopted the new Corporate Sustainability Reporting Directive, representing a significant overhaul of the already existing non-financial reporting rules.
Competition law: Swiss Competition Commission issues revised vertical notice
The Swiss Competition Commission issued its revised notice on the treatment of vertical agreements under competition law. It will enter into force on January 1, 2023. The revised Notice is based on the EU Verticals Block Exemption Regulation, but contains a "Swiss Finish" in key aspects.
Droit de la distribution: la Commission de la concurrence suisse révise sa Communication sur les accords verticaux
La Commission de la concurrence suisse a adopté sa Communication concernant l'appréciation des accords verticaux révisée. Elle entrera en vigueur le 1er janvier 2023. La Communication révisée se base sur le règlement d'exemption par catégorie applicable aux accords verticaux de l'UE, mais intègre un "Swiss Finish" concernant certains aspects essentiels.
Vertriebskartellrecht: Schweizer Wettbewerbskommission erlässt revidierte Vertikalbekanntmachung
Die Schweizer Wettbewerbskommission hat ihre revidierte Bekanntmachung über die wettbewerbsrechtliche Behandlung von Vertikalabreden verabschiedet. Sie wird am 1. Januar 2023 in Kraft treten. Die revidierte Bekanntmachung orientiert sich an der EU Vertikal-GVO, enthält aber in wesentlichen Aspekten einen "Swiss Finish". Ausgangslage Die Schweizer Wettbewerbskommission ("WEKO") hat am 14.
In brief: the key features of merger control legislation in Switzerland
Legislation and jurisdiction Relevant legislation and regulators What is the relevant legislation and who enforces it? Swiss merger control is mainly governed by the Federal Act on Cartels and Other Restrictions of Competition (CartA) as well as the Ordinance on the Control of Concentrations of Undertakings (together, the Competition Law). The Competition Law came into effect on 1 July 1996 and was revised in 2004. Further minor amendments have since been made.
Spotlight: determining relevant market and market power in Switzerland
An extract from The Dominance and Monopolies Review, 10th edition Market definition and market power i Undertakings Only undertakings may achieve a dominant position. According to Article 2, Paragraph 1 bis of the Cartel Act, undertakings are all consumers or suppliers of goods or services active in commerce regardless of their legal or organisational form.
Competition Law: Revision Of The Swiss Vertical Notice - Antitrust, EU Competition - Switzerland
Following the revision of the Vertical Block Exemption Regulation in the European Union, the Swiss Competition Commission is now also proposing to amend its Vertical Notice and Guidelines. Although the proposed amendments are based on the new EU distribution rules, they still depart from them on key issues, resulting in a "Swiss Finish".
Introduction Of Foreign Investment Control In Switzerland – Federal Council Publishes Preliminary Draft Legislation - Inward/ Foreign Investment - Switzerland
As requested by Parliament, the Federal Council has published a preliminary draft legislation for consultation seeking to introduce foreign investment control in Switzerland. With the planned introduction of foreign investment control, Switzerland is following an international trend towards stricter regulation of foreign investments.
Swiss Federal Supreme Court Narrows The Scope Of The Agency Privilege - Antitrust, EU Competition - Switzerland
The Federal Supreme Court published its judgment regarding Les Editions Flammarion SA in the book market case and excludes the application of the agency privilege to exclusivity clauses partitioning the Swiss market. Investigation of the French-language book market Following an investigation opened by the Competition Commission ("Comco") in 2007, Les Editions Flammarion SA ("Flammarion") was sanctioned in 2013 along with 12 other distributors and diffusers.
ComCo Specifies New Rules On Market Power Effective As Of January 1, 2022
To print this article, all you need is to be registered or login on Mondaq.com. Shortly before the new rules in the Cartel Act on "relative market power" come into force, the Swiss competition authorities have published a guidance paper and a notification form on the new "relative market power" rules in Switzerland. Introduction In March 2021, Parliament adopted the counter-proposal to the so-called Fair Price Initiative.
New Swiss Supreme Court Decision Reshapes Assessment Of Lawful Price Recommendations And Vertical Price Fixing
To print this article, all you need is to be registered or login on Mondaq.com. In the decision published yesterday in the matter "Sanction Order: Hors-Liste Medikamente (Preisempfehlungen)" (2C_149/2018 of 4 February 2021), the Federal Supreme Court substantiates the concept of concerted practices and clarifies some open questions in this context. Concerted practices according to Article 4 para. 1 CartA Pursuant to Article 4 para.
New Swiss Unilateral Conduct Rules Significantly Broadened - Anti-trust/Competition Law - Switzerland
To print this article, all you need is to be registered or login on Mondaq.com. Parliament revises the Cartel Act and adopts the concept of "relative market power". Under the new law, prohibitions previously applicable only to dominant companies will be extended to companies with only "relative market power". At the same time, it introduces a geo-blocking ban. Introduction Parliament has adopted the counter-proposal to the Fair Price Initiative in today's final vote.
Snapshot: foreign investment law and policy in Switzerland | Lexology
Law and policy Policies and practices What, in general terms, are your government’s policies and practices regarding oversight and review of foreign investment? For the purposes hereof, the term 'foreign investments' refers to both foreign direct investments (ie, acquisitions made by a non-Swiss person or entity in Switzerland) and foreign indirect investments or foreign portfolio investments (ie, a non-Swiss person or entity acquiring a financial position in a Swiss entity).
COVID-19 Update – Antitrust: Enforcement Of Swiss Competition Law In Light Of COVID-19 - Anti-trust/Competition Law - Switzerland
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Foreign investment review procedures in Switzerland | Lexology
Procedure Jurisdictional thresholds What jurisdictional thresholds trigger a review or application of the law? Is filing mandatory? Again, in light of the fact that there is no generally applicable Swiss act that prohibits or requires a specific screening or approval of foreign investments in Switzerland on the basis of national interest (regardless of the industry sector), there are no generally applicable thresholds that trigger a review.
New Swiss Public Procurement Law | Lexology
The Swiss Parliament adopted the revised Federal Act on Public Procurement. Some significant changes compared to the previous regulation and possible effects on practice are outlined below. Baseline The new regulation seeks both to transpose the revised WTO Agreement on Government Procurement of 30 March 2012 ("GPA 2012") into Swiss law and to harmonise the legal bases of the Confederation and the Cantons as far as possible.
Foreign Investment Review in Switzerland | Lexology
Use the Lexology Getting The Deal Through tool to compare the answers in this article with those from other jurisdictions. Law and policy Policies and practices What, in general terms, are your government’s policies and practices regarding oversight and review of foreign investment?
Secretariat of Swiss Competition Commission advises on changes in shareholder structure of joint ventures | Lexology
Switzerland
March 4 2019 Joint control under Swiss competition law may be given even without technical veto rights of the minority shareholder if the majority shareholder is unlikely to exercise its casting vote in the event of a deadlock situation. This is the case, for example, if the majority shareholder is discouraged to do so by a lengthy settlement or escalation process or by a put option vested with the minority shareholder causing financial disadvantages to the majority shareholder.
Revised Verticals Notice issued subsequent to the GABA decision
On 26 June 2017, the Competition Commission (ComCo) issued the revised Notice on the Competition Law Treatment of Vertical Agreements and corresponding explanatory notes. Following the GABA decision of the Supreme Court dated 28 June 2016 (BGer 2C_180/2014; Newsflash April 2017) ComCo has revised and modified the Notice on the Competition Law Treatment of Vertical Agreements of 28 June 2010 (“Notice”). The Notice is supplemented with explanatory notes that assist with interpretation.
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