Kartellverfahren als Strafverfahren

Since 2023, an institutional reform of the Swiss competition authorities has been 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 specific criminal procedural perspective and highlights that the cartel procedure regarding 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.