Answer ... Yes. Swiss law provides for civil actions in cartel matters; however, this aspect of cartel law has only very limited application in practice. Pursuant to Article 5, paragraph 1 of the Swiss Civil Procedure Code (CPC), civil actions concerning cartel law disputes must be brought before a court of sole cantonal instance. In the cantons of Aargau, Bern, St Gallen and Zurich, such actions must be brought before the commercial court; in the other cantons, before the court specifically designated by cantonal law.

Answer ... Civil actions may be brought against both companies and individuals, provided that these meet the definition of an ‘undertaking’ in accordance with Article 2, paragraphs 1 and 1bis of the Cartel Act and are liable for an unlawful restraint of competition.

Answer ... Class actions are not provided for under Swiss law. As mentioned in question 3.4, consumer protection associations can participate in the investigation, but in principle lack the active legitimacy to conduct proceedings before civil courts.

Answer ... In addition to the few procedural provisions contained in the Cartel Act, civil actions concerning cartel law disputes are governed by the law of civil procedure, more specifically the CPC.

Answer ... Pursuant to Article 12 of the Cartel Act, a person who is hindered from entering or competing in a market by an unlawful restraint of competition may request:

• the removal or termination of the restraint;
• compensation for damages and moral harm; and
• repayment of unlawfully earned profits.

Answer ... Decisions of the court of sole cantonal instance can be challenged by means of a civil appeal to the Federal Supreme Court (Articles 72 and following of the Federal Act on the Swiss Federal Supreme Court), irrespective of the amount in dispute.