International

As a result of globalisation and the opening of national markets to foreign enterprises, anti‑competitive practices arising in one jurisdiction and producing cross‑border effects have become increasingly common. Switzerland is committed, at the international level and within the framework of its free trade agreements, to ensuring that trade liberalisation is not undermined by anti‑competitive commercial conduct. In parallel, Switzerland concludes cooperation agreements to enable effective collaboration between competition authorities, and it plays an active role in international organisations—particularly within the OECD and UNCTAD—to support the development of competition law and a competition‑oriented economic policy that fosters consumer welfare and sustainable economic growth.

© SECO / AI‑generated

Competition rules in free trade agreements

The competition rules contained in Switzerland’s free trade agreements (FTAs), whether concluded with or without its partners in the European Free Trade Association (EFTA), aim to ensure that trade liberalisation under the FTA is not hindered, restricted, or distorted by anti‑competitive business practices, including those of state‑owned enterprises. The implementation of the principles set out in FTAs lies with the national competition authorities of the parties to the agreements. FTAs may include provisions on cooperation and the exchange of information between these authorities. A party to an FTA may request consultations if anti‑competitive practices are impeding trade between the parties. A party suffering persistent harm may take appropriate measures; however, such measures must remain proportionate and interfere as little as possible with the functioning of the FTA. Article 18 of the Convention establishing EFTA regulates competition among its members. Switzerland participates in the work of the Working Group on Competition Policy.

Cooperation agreements in the field of competition

There is no international organisation or supranational authority that governs competition at the global level. Competition authorities are organised at the national level. It is therefore important for competition authorities to cooperate internationally in order to effectively combat cross‑border anti‑competitive practices that have effects on their territory. To this end, countries conclude multilateral and bilateral cooperation agreements.
On 1 December 2014, the Agreement between the Swiss Confederation and the European Union on cooperation in the application of their competition laws (RS 0.251.268.1) entered into force. This agreement enables the Competition Commission (COMCO) and the Directorate‑General for Competition of the European Commission to inform each other about enforcement measures, to coordinate such measures, and to exchange information. It also contains clear rules ensuring respect for existing procedural safeguards for the undertakings concerned.On 1 September 2023, the Agreement between Switzerland and Germany on the cooperation and coordination of their competition authorities (RS 0.251.136.1) entered into force.

OECD and UNCTAD

In the field of competition policy, the OECD focuses on four key areas:

• Competition and the opening of markets benefit both consumers and businesses.
• The proper functioning of markets requires a body of competition law capable of preventing cartels, sanctioning abuses of dominant positions, and blocking harmful mergers.
• International cooperation in the field of competition is essential in a globalised world.
• Open, competitive and innovative markets must adapt to the digital era.

The OECD Competition Committee, in which Switzerland participates actively, promotes a regular exchange of views and analyses on competition policy issues. For several years, its priority has been digital transformation, which is reshaping competitive dynamics, creating new markets and transforming existing ones. The Committee examines the main digital challenges faced by competition authorities and legislators. It discusses how competition law should be applied to digital companies and how to address the complexity of these markets. The Committee also integrates major developments, such as the interaction between competition law and sustainability objectives, as well as its application to the labour market. In doing so, it plays a key role in promoting and implementing competition policy at the global level and has issued several recommendations.
UNCTAD aims to contribute to poverty reduction and the achievement of the Sustainable Development Goals by improving the functioning of markets, notably through strengthened competition. It provides a framework for intergovernmental deliberations, conducts research, policy analysis and data collection, and offers technical assistance to developing countries. Switzerland participates in the work of UNCTAD’s Intergovernmental Group of Experts on Competition Law and Policy.

Links

• EFTA Objectives in free trade agreements
• OCDE - Competition

Press releases

Relevant topics