Eu Switzerland Competition Cooperation Agreement

    Without the consent of the companies concerned, the exchange of information is subject to strict restrictions. Competition authorities must investigate the same or related behaviour. Information obtained through a leniency communication or transaction cannot be exchanged if the companies concerned have not given their consent. The same applies to information obtained in violation of procedural rights. B, such as solicitor`s privilege and the right to self-charge. Competition authorities are empowered but do not have an obligation to exchange information. On February 28, 2018, the secretariat issued a new guidance document on amicable comparisons. The guidelines indicate that the discount for these colonies depends, among other things, on the timing. While a comparison at the early stage of the procedure may result in a discount of up to 20 per cent, the discount is generally reduced if the comparison is agreed later in the procedure. If a transaction is agreed by a company after the secretariat adopts a draft decision, the discount can only be 5%. The discount for an out-of-court settlement is not exclusive and can be combined with other rebates, such as leniency discounts and discounts for good cooperation with the authorities. In the latter case, the combined discount for early public regulation of 20% can be combined with an additional 20% discount for good cooperation, a total discount of 40%, which is not much less than the potential discount on a second key witness, which can be as high as 50%.

    ComCo`s decisions can be appealed to the Federal Administrative Court. Such appeals are a complete remedy for both the factual and legal situation. While administrative judges generally support the administration, the Bundesverwaltungsgericht does not hesitate to completely overturn ComCo`s decisions if necessary. In our experience, the Bundesverwaltungsgericht`s judicial review of a case with respect to hard facts is more detailed than economic evidence, in which the Court is often reluctant to completely re-examine ComCo`s arguments. It should be noted that the Appeal Board, which was responsible for competition complaints prior to 2007, had economists closely involved in judicial review. Unfortunately, the federal administrative court currently lacks economists sitting on the bench. The cooperation agreement is not expected to enter into force until the end of 2013.