DiKE Die einvernehmliche Regelung im schweizerischen Kartellrecht

Consensual solutions are intended to be beneficial for all parties involved. They promise more efficient processes and more satisfying outcomes. However, they may also carry risks, especially when authorities and private entities are at the negotiating table. Negotiations are based on give and take. How much leeway should the state offer? Are negotiations regarding sanctions permissible, for example? This dissertation addresses the consensual regulation between Swiss competition authorities and companies affected by antitrust investigations. It presents the foundations of measures under Article 26, paragraph 2 of the Cartel Act and the consensual regulation under Article 29 of the Cartel Act. It analyzes the previous practices of competition authorities and discusses the advantages and disadvantages of consensual regulation. The work addresses current special issues, such as those related to the conduct of hybrid procedures. It distinguishes consensual regulation from other forms of alternative dispute resolution. Through a legal comparison, it highlights the parallels and differences with the corresponding instruments in European antitrust law. Against this background, it examines whether the process leading to the approval of a consensual regulation in Switzerland should be formalized based on the EU model.