Best Antitrust Lawyers in Arlesheim

About Antitrust Law in Arlesheim, Switzerland

Antitrust law in Arlesheim is governed by Swiss federal law that applies uniformly across all cantons, including Basel-Landschaft. The Swiss Competition Commission, commonly called COMCO, enforces the Swiss Cartel Act, oversees merger control, investigates cartels and abuses of market power, and issues guidelines that shape how businesses must behave. Local businesses in Arlesheim often operate in the tri-national Basel region, so distribution and cooperation agreements may touch both Swiss and EU markets. While EU law does not apply in Switzerland, Swiss authorities frequently consider EU practice as persuasive. Disputes and private claims related to competition matters involving Arlesheim companies are heard by the Basel-Landschaft courts, with appeals in public enforcement matters going to the Federal Administrative Court and then the Federal Supreme Court.

Why You May Need a Lawyer

You may need an antitrust lawyer if you plan a cooperation or distribution arrangement and want to reduce risk that contract clauses such as resale price maintenance, exclusivity, or online sales restrictions could be considered unlawful. A lawyer can help structure agreements to comply with COMCO guidance while meeting commercial goals.

Legal counsel is critical if your company faces a dawn raid or a request for information from COMCO. Immediate advice helps protect legal privilege, preserve documents correctly, cooperate lawfully, and avoid missteps that can increase penalties.

Merger or acquisition plans may trigger Swiss merger control if turnover thresholds are met. A lawyer can assess whether a filing is required, manage the notification process, and negotiate remedies when needed.

Companies that are dominant or have relative market power must be careful with pricing, refusals to supply, platform restrictions, or differential treatment of trading partners. A lawyer can assess risk and design compliant policies.

If you suspect competitors are colluding, particularly in public procurement or construction, counsel can evaluate evidence, consider leniency options, and protect your interests as a whistleblower or as a harmed party seeking damages.

Victims of anticompetitive conduct may need counsel to gather evidence, coordinate follow-on claims after a COMCO decision, quantify harm, and litigate efficiently in the Basel-Landschaft courts.

Businesses expanding e-commerce into Switzerland should assess geo-blocking, platform parity clauses, and parallel import policies to ensure compliance with Swiss rules that protect Swiss customers and dependent businesses.

Local Laws Overview

Swiss Cartel Act and COMCO practice govern agreements between undertakings, dominance, and merger control. Horizontal hard-core cartels such as price fixing, market allocation, and bid rigging are strictly prohibited and typically fined. Vertical restrictions such as resale price maintenance and absolute territorial protection that obstruct parallel imports are generally presumed unlawful. COMCO guidance on vertical agreements gives practical criteria for selective distribution, online sales, parity clauses, dual pricing, and platform restrictions.

Abuse of dominance is prohibited. Dominance means an undertaking can behave independently of competitors or customers. Swiss law also recognizes relative market power, which covers situations where a business is not dominant overall but another company is dependent on it for supply or access. Abuses can include refusal to supply, discrimination, tying, or unfair pricing that harms competition or dependent partners.

Merger control is mandatory if turnover thresholds are met, for example when the parties have a combined worldwide turnover of at least CHF 2 billion or combined Swiss turnover of at least CHF 500 million and at least two undertakings each have Swiss turnover of at least CHF 100 million. Filing triggers a standstill obligation until clearance. Phase I review typically lasts one month from a complete filing. A Phase II in-depth review usually takes four months and may result in remedies or prohibition if the transaction creates or strengthens a dominant position likely to eliminate effective competition.

Sanctions for unlawful cartels or abusive conduct can reach up to 10 percent of the undertaking's turnover achieved in Switzerland in the preceding years assessed by COMCO. Individuals can face fines for obstructing investigations or violating enforceable orders. Switzerland has a leniency program that can grant full or partial fine reductions to companies that self-report and cooperate. COMCO can conduct dawn raids, seize data, and interview staff, subject to procedural safeguards.

Bid rigging in public procurement is a priority enforcement area. Federal and cantonal procurement rules apply in Basel-Landschaft, and collusion can lead to administrative penalties, criminal consequences in serious bid-rigging cases, exclusion from tenders, and contract nullity. Companies should implement procurement compliance and monitoring.

Private enforcement is possible. Affected businesses can seek injunctive relief, damages, or nullity of unlawful clauses in the Basel-Landschaft courts. Time limits apply, and early evidence preservation is essential. Expert economic analysis is often needed to quantify harm.

The Price Surveillance Act empowers the Swiss Price Supervisor to intervene in markets with weak competition, often in regulated sectors. Sector regulators, such as the telecom and energy regulators, may interact with competition law in specific industries, but COMCO applies competition rules across sectors.

Frequently Asked Questions

What is considered a cartel under Swiss law

A cartel is an agreement or concerted practice between competitors that restricts competition, such as fixing prices or discounts, allocating customers or territories, limiting output, or coordinating bids. Such horizontal hard-core conduct is typically unlawful and can lead to significant fines and damages exposure.

Are resale price maintenance and online sales restrictions allowed

Resale price maintenance, such as setting fixed or minimum resale prices for distributors, is generally presumed unlawful. Online sales restrictions are closely scrutinized. Selective criteria and quality standards can be lawful if applied objectively, but bans on passive sales into Switzerland or measures that block parallel imports are high risk.

What counts as abuse of dominance or relative market power

Abuses include unfair pricing, limiting production, refusals to supply without objective justification, discriminatory terms, tying or bundling, or blocking market access for competitors. Relative market power covers situations where a partner is dependent on a supplier or platform, even if the supplier is not dominant overall, and similar restrictions on abusive conduct apply.

Do I need to notify a merger or acquisition involving my Arlesheim company

You must notify if statutory turnover thresholds are met. If at least two parties each have material Swiss turnover and the combined worldwide or Swiss turnover thresholds are reached, a filing is likely required before closing. Counsel should assess the specific figures and any sector nuances.

What happens during a COMCO dawn raid

Officials will present a warrant, enter business premises, secure documents and data, and may interview staff. You should contact counsel immediately, cooperate lawfully, avoid destroying or concealing information, assert privilege where applicable, and ensure an internal point person coordinates with the inspectors.

Can my company obtain leniency if it has been part of a cartel

Yes. The first participant to self-report a hard-core cartel and provide decisive evidence can receive full immunity from fines. Later applicants may obtain reductions if they add significant value. Early action and genuine cooperation are critical to maximize benefits.

How are distribution agreements in the tri-national Basel area treated

Swiss law governs Swiss territory, and EU law governs EU territories. If your network covers France, Germany, and Switzerland, your agreements should be drafted to comply with both systems. Clauses that restrict parallel trade into Switzerland or discriminate against Swiss customers are high risk under Swiss rules.

What penalties can COMCO impose

Undertakings can be fined up to 10 percent of their Swiss turnover for serious infringements. Orders can require changes to conduct or contracts. Individuals may face fines for procedural violations such as obstructing an investigation or breaching a decision. In serious bid rigging, criminal sanctions can apply.

Can I sue for damages in Basel-Landschaft if I was harmed by a cartel

Yes. Victims can seek damages, injunctions, and nullity of unlawful clauses in the cantonal courts. Follow-on claims after a COMCO decision can leverage established findings. You should act promptly to meet limitation periods and gather evidence, including expert economic analysis to quantify harm.

What should small and mid-sized enterprises in Arlesheim watch for

SMEs should watch for unfair supplier practices, platform restrictions, and geo-blocking that hinder access to Swiss markets. Keep records of refusals to supply, abrupt delistings, or discriminatory terms. Counsel can assess whether relative market power rules or unfair competition provisions offer protection.

Additional Resources

Swiss Competition Commission COMCO and its Secretariat, which publish decisions, notices, and guidance and enforce the Cartel Act.

Price Supervisor, the federal authority monitoring prices and terms in markets with limited competition.

Federal Administrative Court and Federal Supreme Court, which hear appeals in public enforcement cases and set precedent.

Canton Basel-Landschaft procurement authorities, which oversee public tenders and address compliance issues in local procurement markets.

Local business associations such as the Handelskammer beider Basel and the Wirtschaftskammer Baselland, which provide compliance guidance and training opportunities for SMEs.

Next Steps

If you believe an antitrust issue affects your business in Arlesheim, start by documenting the facts, including contracts, emails, meeting notes, tender documents, and pricing records. Implement a hold on routine deletion of potentially relevant data.

Contact a Swiss antitrust lawyer experienced with COMCO procedures and the Basel-Landschaft courts. Ask for an initial risk assessment of your agreements, conduct, or transaction, and a plan for remediation or notification if needed.

If a dawn raid occurs, notify counsel immediately, identify an internal response team, cooperate lawfully, and preserve privilege. Do not destroy documents or coach staff.

For potential cartels, consider a prompt internal investigation under legal privilege to determine eligibility for leniency. Early action can make a decisive difference.

For mergers, request a filing assessment with precise turnover calculations, a realistic timeline for clearance, and a strategy for potential remedies if the deal raises concerns.

Develop or update an antitrust compliance program, including training for sales, procurement, and leadership teams in Arlesheim and across your Swiss operations. Clear guidance reduces risk in day-to-day decisions.

This guide is for general information only and is not legal advice. For advice tailored to your situation in Arlesheim, consult qualified Swiss antitrust counsel.