Kartellverfahren als Strafverfahren

Since 2023, an institutional reform of the Swiss competition authorities is underway. An expert commission appointed for this purpose has concluded that a system change is not warranted and has proposed minor adjustments. The present study arrives at a different conclusion. It adopts a specifically criminal procedural perspective and highlights that the cartel procedure concerning direct sanctions, both currently and following the expert commission's proposal, does not meet the requirements of the Federal Constitution and the European Convention on Human Rights. Based on this, reform proposals are developed.