Best Antitrust Lawyers in Dornach

About Antitrust Law in Dornach, Switzerland

Antitrust law in Dornach is governed primarily by Swiss federal law. The key statute is the Swiss Cartel Act, which applies throughout Switzerland and is enforced by the Competition Commission, often called COMCO, and its Secretariat. These rules protect fair competition by prohibiting cartels, certain abuses of a dominant market position, and problematic mergers. Although Dornach is a municipality in the Canton of Solothurn, antitrust issues are handled at the federal level. Cantonal and municipal rules still matter in areas like public procurement and local market access, which can intersect with competition rules.

Businesses in Dornach often operate across cantonal and national borders given the proximity to Basel and neighboring EU countries. Swiss antitrust law applies if conduct has effects in Switzerland, even if part of the activity occurs abroad. This makes compliance important for local companies of all sizes, including manufacturers, distributors, service providers, construction contractors, and technology firms.

Why You May Need a Lawyer

You may need an antitrust lawyer if any of the following situations apply:

- You are considering agreements with competitors, such as information exchanges, joint tenders, or cooperation in purchasing or production.

- You manage distribution systems, selective distribution, franchising, exclusive territories, resale price maintenance, or online platform restrictions, and you need to evaluate their legality.

- Your company holds significant market power in Dornach, the Canton of Solothurn, or Switzerland, and you want to avoid practices that could be seen as abusive.

- You plan a merger, acquisition, or joint venture and need to assess whether Swiss merger control notification is required and how to structure the deal and timeline.

- You received a questionnaire from COMCO, faced a dawn raid, or have been invited to a hearing, and you must protect your rights while cooperating lawfully.

- You suspect a competitor is engaging in cartels or unfair restrictions and you want to consider a complaint or a leniency application.

- You participate in public procurement in Solothurn or Dornach and need guidance to avoid illegal bid coordination and to respond to tender rules correctly.

- You want to design or update a compliance program, train staff, and manage antitrust risks in routine sales, marketing, and trade association activities.

Local Laws Overview

Swiss Cartel Act - The federal statute that prohibits agreements that significantly restrict competition, particularly hard core cartels such as price fixing, market sharing, and bid rigging. It also prohibits abuses by dominant undertakings and provides for merger control.

Merger Control - A filing is required if the parties meet turnover thresholds and certain local turnover criteria. Switzerland reviews transactions that meet either a worldwide or Swiss turnover threshold and where at least two parties each have substantial Swiss turnover. COMCO conducts a first phase review within one month and a second phase review within four months if needed.

Sanctions and Leniency - Companies can face fines of up to 10 percent of Swiss turnover for the last three financial years for serious infringements. There is a leniency program that can grant full immunity to the first applicant or fine reductions for subsequent applicants that cooperate and provide evidence. Settlements with commitments are possible in appropriate cases.

Investigations - COMCO and its Secretariat may conduct dawn raids, request information, and interview employees. Companies must cooperate with investigations while preserving legal privilege. Correspondence with independent external Swiss lawyers is generally privileged. In house counsel communications are generally not privileged.

Criminal Bid Rigging - Bid rigging in public tenders is a criminal offense in Switzerland and can lead to penalties for individuals under the Swiss Criminal Code in addition to corporate antitrust fines.

Unfair Competition Act - Separate from the Cartel Act, this law addresses misleading and abusive business practices, including certain forms of resale price maintenance and other market behaviors that intersect with competition issues.

Price Supervision - The Swiss Price Supervisor monitors sectors where competition may be limited and can intervene in cases of excessive prices, particularly in regulated or monopolistic areas.

Public Procurement - Public tenders in Dornach follow cantonal rules under the Canton of Solothurn and the intercantonal public procurement framework. Collusive tendering is strictly prohibited. Companies must comply with procedural rules when bidding for municipal and cantonal contracts.

Local Context - In the Solothurn region including Dornach, construction, engineering, health services, retail, and cross border trade with the Basel area are common. These sectors may face heightened scrutiny for information exchange, distribution restrictions, or tender coordination.

Frequently Asked Questions

What counts as a cartel under Swiss law?

A cartel is an agreement or concerted practice between competitors that significantly restricts competition. Hard core cartels include price fixing, allocation of customers or territories, limits on output, and bid rigging. These are presumed unlawful and can trigger heavy fines.

Are vertical agreements like exclusive distribution allowed?

Vertical agreements between suppliers and distributors can be lawful if they do not significantly restrict competition. However, resale price maintenance and absolute territorial protection are generally prohibited. Exclusive territories, selective distribution, and online platform restrictions require careful assessment under COMCO guidance.

When do I have to notify a merger in Switzerland?

Notification is required if turnover thresholds are met, notably where combined worldwide or Swiss turnover of the parties is high and at least two parties have substantial Swiss turnover. There is also a special rule requiring notification when a dominant company acquires a business in a related market. A lawyer can assess thresholds and exemptions.

How long does Swiss merger review take?

Phase I usually takes up to one month from a complete filing. If COMCO opens an in depth Phase II review, it has up to four months, subject to extensions or remedies. Pre filing contacts and a well prepared notification help manage timing.

What should I do during a dawn raid?

Identify the team leader, check the warrant, alert counsel, cooperate with officials, preserve documents, and ensure employees do not delete or conceal information. Assert legal privilege where appropriate and keep a record of what is copied or taken.

Can I share market information with competitors?

Exchanging sensitive information such as current or future prices, customer lists, volumes, margins, or bidding intentions can be illegal. Public, historical, aggregated, and anonymized data may be lower risk, but trade association discussions still require safeguards and agendas reviewed by counsel.

We operate only in Dornach. Do antitrust rules still apply?

Yes. The Cartel Act applies to conduct that has effects in Switzerland regardless of the size of the company or the geographic scope of operations. Local or regional practices can be investigated if they harm competition.

Is bid rigging in municipal tenders a crime?

Yes. Coordinating bids, agreeing who will win, or rotating winners in public procurement is both an antitrust violation and a criminal offense in Switzerland. Individuals and companies can face penalties.

What is the leniency program and should we apply?

The leniency program grants full immunity or reductions in fines for companies that self report involvement in a cartel, provide evidence, and cooperate fully. Early action is critical to secure the best outcome. Seek legal advice before contacting the authorities.

Can I sue for damages if I am harmed by a cartel?

Private actions are possible in Swiss courts to claim damages, seek injunctive relief, or request the elimination of unlawful restrictions. Evidence from COMCO decisions can be helpful. These cases are complex and benefit from specialist counsel.

Additional Resources

Competition Commission COMCO and its Secretariat.

Swiss Federal Office of Justice for the Cartel Act and ordinances.

Federal Administrative Court and Federal Supreme Court case law on competition matters.

Swiss Price Supervisor for price monitoring in limited competition sectors.

Canton of Solothurn public procurement authorities and guidance for bidders.

SIMAP public procurement platform for Swiss tenders.

Swiss Bar Association and Solothurn Bar for finding antitrust counsel.

Regional chambers of commerce and SME associations in Solothurn and the Basel area for compliance workshops and local networking.

Next Steps

Assess your risk - Map your markets, competitors, pricing, distribution, and procurement activities. Identify any contacts with competitors and sensitive information flows.

Preserve evidence - If you suspect a problem or receive contact from authorities, issue a document hold, suspend routine deletion, and secure relevant devices and files.

Seek legal advice - Contact an antitrust lawyer early to evaluate conduct, structure transactions, or respond to authorities. Early advice can protect privilege and reduce exposure.

Consider leniency or settlement - If a cartel risk exists, evaluate a leniency application or potential commitments with counsel. Timing is crucial.

Implement compliance - Adopt clear policies, train employees, manage trade association participation, and set approval processes for pricing, discounts, and exclusivities.

Plan for mergers - If you expect to acquire or merge, have counsel screen thresholds and potential remedies early to avoid delays and closing risks.

Engage locally - For public tenders in Dornach or the Canton of Solothurn, ensure your bidding teams understand procurement rules and avoid any coordination with competitors.

Disclaimer - This guide provides general information for Dornach, Switzerland, and is not legal advice. Consult a qualified lawyer for advice on your specific situation.