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Competition Policy in Switzerland

Author

Listed:
  • Neven, Damien J
  • von Ungern-Sternberg, Thomas

Abstract

This paper provides a critical review of competition policy in Switzerland. We analyse the legal statute, the institutional arrangements for its implementation and the case law since 1985. We find that the Cartel Commission, which was given wide discretion by the law, has been relatively immune from judicial and political challenge and vulnerable to interest groups. The analysis of the relevant markets, the evaluation of dominance and that of countervailing benefits tend to be poorly motivated. In addition, the concept of effective competition, which is central to the implementation of the law, has not been substantiated by the case law. Accordingly, the decisions tend to be highly judgmental, which reflects the weak accountability of the Commission. Fortunately, both the substantial provisions of the law and the institutional framework have been improved by the recent revision of the statute. Being more accountable, the Commission may have no choice but to improve its practice.

Suggested Citation

  • Neven, Damien J & von Ungern-Sternberg, Thomas, 1996. "Competition Policy in Switzerland," CEPR Discussion Papers 1416, C.E.P.R. Discussion Papers.
    • Handle: RePEc:cpr:ceprdp:1416
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    Cited by:

    1. Barbara M. Roberts, "undated". "Transition and Changes in Industrial Concentration in Poland," Discussion Papers in European Economics 98/4, Division of Economics, School of Business, University of Leicester.
    2. Rosen Marinov, 2010. "Competitive Pressure in Transition: A Role for Trade and Competition Policies?," Journal of Industry, Competition and Trade, Springer, vol. 10(1), pages 1-31, March.
    3. Carlin Wendy & Schaffer Mark & Seabright Paul, 2004. "A Minimum of Rivalry: Evidence from Transition Economies on the Importance of Competition for Innovation and Growth," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 3(1), pages 1-45, September.
    4. Wendy Carlin & Steven Fries & Mark Schaffer & Paul Seabright, 2001. "Competition and Enterprise Performance in Transition Economies: Evidence from a Cross-country Survey," William Davidson Institute Working Papers Series 376, William Davidson Institute at the University of Michigan.
    5. Jochen Lorentzen & H. Peter Møllgaard, 2002. "Competition Compliance: Limits to Competition Policy Harmonisation in EU Enlargement," CIE Discussion Papers 2002-11, University of Copenhagen. Department of Economics. Centre for Industrial Economics.
    6. Hoekman, Bernard & Djankov, Simeon, 1997. "Competition law in Bulgaria after central planning," Policy Research Working Paper Series 1789, The World Bank.
    7. Kulaksizoglu, Tamer, 2004. "Competition Policy in Turkey," MPRA Paper 179, University Library of Munich, Germany.
    8. Kulaksizoglu, Tamer, 2004. "Measuring the Effectiveness of Competition Policy: Evidence from the Turkish Cement Industry," MPRA Paper 357, University Library of Munich, Germany.
    9. Saul Estrin & Jozef Konings & Zbigniew Zolkiewski & Manuela Angelucci, 2001. "The Effect of Ownership and Competitive Pressure on Firm Performance in Transition Countries. Micro Evidence from Bulgaria, Romania and Poland," LICOS Discussion Papers 10401, LICOS - Centre for Institutions and Economic Performance, KU Leuven.
    10. Wendy Carlin & Steven Fries & Mark Schaffer & Paul Seabright, 2001. "Competition and Enterprise Performance in Transition Economies from a Cross-Country Survey," CERT Discussion Papers 0101, Centre for Economic Reform and Transformation, Heriot Watt University.
    11. Mumcu, Ayşe & Zenginobuz, Unal, 2001. "Competition Policy in Turkey," MPRA Paper 198, University Library of Munich, Germany, revised 28 Jan 2002.
    12. Gerard Rpland, 2001. "The Political Economy of Transition," William Davidson Institute Working Papers Series 413, William Davidson Institute at the University of Michigan.
    13. Russell Pittman & Oana Diaconu & Emanual Šip & Anna Tomová & Jerzy Wronka, 2007. "Will the Train Ever Leave the Station? The Private Provision of Freight Railway Service in Russia and Central and Eastern Europe," EAG Discussions Papers 200705, Department of Justice, Antitrust Division.
    14. Morris Bornstein, 1999. "Framework Issues in the Privatisation Strategies of the Czech Republic, Hungary and Poland," Post-Communist Economies, Taylor & Francis Journals, vol. 11(1), pages 47-77.

    More about this item

    Keywords

    Competition Policy; Political Economy; Switzerland;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General

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