Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Can the defendant company appeal the enforcement authorities’ decision? If so, which decisions of the authority can be appealed (eg, all decisions or just the final decision) and to which reviewing authority? What is the standard of review applied by the reviewing authority (eg, limited to errors of law or a full review of all facts and evidence)?

Answer ... The decisions of the Competition Commission (ComCo) which close an in-depth investigation may be challenged within 30 days of notification by lodging an appeal with the Federal Administrative Court. As part of the appeal procedure, the Federal Administrative Court may review the ComCo’s decision by examining whether:

  • there has been a violation of federal law;
  • the relevant facts have been ascertained inaccurately or incompletely; or
  • the decision is inadequate.

The decision of the Federal Administrative Court may then be appealed to the Federal Supreme Court, also within 30 days of notification. The standard of review applied at this stage of the procedure is limited to questions of law. Grievances relating to the establishment of the legally relevant facts of the case are limited to arbitrariness.

For more information about this answer please contact: Sébastien Gobat from Wenger Plattner
Can third parties appeal the enforcement authorities’ decision, and if so, in what circumstances?

Answer ... Pursuant to Article 48 of the Federal Act on Administrative Procedure, a right of appeal may be accorded to a third party that:

  • has participated or has been refused the opportunity to participate in proceedings before the lower instance;
  • has been specifically affected by the contested ruling; and
  • has an interest in the revocation or amendment of the ruling that is worthy of protection.

For more information about this answer please contact: Sébastien Gobat from Wenger Plattner