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
Merger Control
5.
Remedies
5.1
Can the parties negotiate remedies to address any competition concerns identified? If so, what types of remedies may be accepted?
Switzerland

Answer ... The clearance of a contemplated concentration may be subject to certain conditions or obligations designed to safeguard effective competition. Even more so, the principle of proportionality requires the Swiss Competition Commission to assess ex officio whether conditions or obligations that eliminate all of its material objections would be available to allow it to clear a concentration instead of blocking it. The Swiss merger control regime does not specify the types of conditions or obligations that may be attached. Hence, both structural remedies (eg, divestments) and behavioural undertakings are possible.

For more information about this answer please contact: Mario Strebel from Meyerlustenberger Lachenal Ltd.
5.2
What are the procedural steps for negotiating and submitting remedies? Can remedies be proposed at any time throughout the review process?
Switzerland

Answer ... Remedies in the form of conditions and obligations may, in principle, be proposed at any time throughout the review process, including in Phase I and even in the pre-notification phase. However, proposals for remedies are rarely offered by the undertakings concerned in a Phase I investigation. Recent cases have shown that remedies are generally discussed in detail between the Secretariat or the Swiss Competition Commission (COMCO) respectively and the undertakings concerned upon specific request by the COMCO to outline possible conditions and other remedies.

In multi-jurisdictional merger control proceedings, it is important to coordinate the remedies proposal with all merger control authorities involved (ie, the European Commission).

For more information about this answer please contact: Mario Strebel from Meyerlustenberger Lachenal Ltd.
5.3
To what extent have remedies been imposed in foreign-to-foreign transactions?
Switzerland

Answer ... Remedies have been required in relatively few foreign-to-foreign transactions. However, particularly in parallel merger control proceedings with the European Commission, the Swiss Competition Commission has also recognised and accepted the remedies offered to the European Commission.

For more information about this answer please contact: Mario Strebel from Meyerlustenberger Lachenal Ltd.