Most Read Contributor in Switzerland, January 2017
What are the potential outcomes of the merger investigation?
Please include reference to potential remedies, conditions and
The Competition Commission (ComCo) can clear a concentration,
prohibit it or clear it with conditions and/or obligations.
Technically, only decisions prohibiting the transaction or clearing
it with conditions and/or obligations are issued as formal
decisions; while decisions permitting a transaction are issued as
If ComCo feels that the transaction would create competitive
issues, it will ask the parties to propose remedies. Regarding
procedure, there is no standardised procedure for negotiating
remedies. Parties can begin negotiating remedies during the
pre-notification procedure. It is also possible to negotiate
remedies in Phase I, although this is rare, except in cases where
remedies have agreed in the parallel proceedings before the
European Commission in Phase I and the secretariat has required the
parties to commit to the same remedies in regard to Switzerland. In
purely domestic transactions, remedies often are negotiated after
the parties received the statement of objections of the secretariat
in Phase II.
Regarding the substance of remedies, ComCo prefers structural to
behavioural remedies. However, there have been numerous cases where
ComCo has accepted behavioural remedies.
In cases that have been filed in multiple jurisdictions and
where remedies have been imposed by a foreign competition
authority, ComCo has often requested a commitment from the parties
to adhere to these remedies in case of similar competitive issues
With a view to promote corporate transparency and prevent misuse of corporate vehicles for illicit purposes such as corruption, tax evasion, money laundering, the Financial Action Task Force ("FATF")...
An assignment of rights under a contract is normally restricted to the benefit of the contract. Where a party wishes to transfer both the benefit and burden of the contract this generally needs to be done by way of a novation.
We live in a time of transition. Old assumptions and alliances are being challenged. Calm, reasoned, rational debate is lost in the cacophony.
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