01.09.2023 - * / In Force
01.12.2022 - 31.08.2023
  DEFRITEN • (html)
  DEFRITEN • (pdf)

01.01.2022 - 30.11.2022
01.01.2021 - 31.12.2021
01.07.2016 - 31.12.2020
31.12.2015 - 30.06.2016
01.07.2014 - 30.12.2015
01.01.2013 - 30.06.2014
01.07.2012 - 31.12.2012
01.04.2012 - 30.06.2012
01.01.2011 - 31.03.2012
01.04.2007 - 31.12.2010
01.07.2006 - 31.03.2007
01.01.2003 - 30.06.2006
01.01.2001 - 31.12.2002
Fedlex DEFRITRMEN
Compare versions

241

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.

Federal Act
on Unfair Competition

(Unfair Competition Act, UCA)

of 19 December 1986 (Status as of 1 December 2022)

The Federal Assembly of the Swiss Confederation,

on the basis of Articles 95 paragraph 1, 96, 97 paragraphs 1 and 2 and 122 paragraph 1 of the Federal Constitution1,2

and having considered the Federal Council Dispatch dated 18 May 19833,

decrees:

1 SR 101

2 Amended by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

3 BBl 1983 II 1009

Chapter 1 Aim

Art. 1

This Act aims to guarantee fair and genuine competition in the interests of all concerned.

Chapter 2 Civil and Procedural Law Provisions

Section 1 Unlawfulness of Unfair Competition

Art. 2 Principle

Any conduct or business practice that is misleading or which otherwise violates the principle of good faith such that it influences the relationship between competitors or between suppliers and customers is unfair and unlawful.

Art. 3 Unfair advertising and sales methods and other unlawful conduct

1 A person acts unfairly if they:

a.
disparage others, their goods, work, services, prices or their business relationships by making incorrect, misleading or unnecessarily harmful statements;
b.4
provide incorrect or misleading information about themselves, their business, their business name, their goods, works or services, their prices, their volume in stock, the nature of the sales transaction or about their business relationships or benefit third parties in competition through such conduct;
c.
use incorrect titles or professional designations that are likely to give the impression that they hold special qualifications or skills;
d.
take measures that are likely to cause confusion with the goods, works, services or the business operations of others;
e.
compare themselves, their goods, works, services or their prices in an incorrect, misleading, unnecessarily disparaging or plagiaristic way with others, their goods, works, services or prices or benefit third parties in competition through such conduct;
f.
repeatedly offer selected goods, works or services at below the cost price, give special emphasis to these offers in advertising and thus deceive the customer as to their own or their competitors' performance; deception is presumed if the sale price is less than the cost price of comparable purchases of similar goods, works or services; if the defendant proves the actual cost price, this price is decisive in the assessment;
g.
deceive the customer as to the actual value of the offer by adding premiums;
h.
adversely affect the customer's freedom to decide by using particularly aggressive sales methods;
i.
conceal the condition, quantity, purpose, use or dangerousness of goods, works or services and thereby deceive the customer;
k.5
fail to state their business name clearly in public statements about consumer credit or fail to indicate clearly the net amount of the credit or the overall costs of the credit and the effective annual interest rate;
l.6
fail to state their business name clearly in public statements about consumer credit to pay for goods or services or fail to indicate clearly the cash price, the price to be paid under the credit agreement, and the effective annual interest rate;
m.7
offer or conclude a consumer credit agreement in the course of a business activity and in doing so use contract forms that contain incomplete or incorrect information about the subject matter of the contract, the price, the payment terms, the duration of the contract, the customer's right to withdraw from or terminate the contract or the customer's right to make early repayment of the outstanding debt;
n.8
fail to state in public statements about consumer credit (let. k) or consumer credit to pay for goods or services (let. l) that the granting of credit is prohibited if it leads to the consumer's overindebtedness;
o.9
send or arrange to be sent mass advertising without direct connection with any requested content by telecommunication and in doing so fail to obtain the prior consent of the customer, or to indicate the correct sender or a simple and free of charge option of refusal; any person who receives contact details of a customer when selling goods, works or services, and who indicates the option of refusal when doing so, does not act unfairly if they send that same customer mass advertising for their own similar goods, works or services without the customer's consent;
p.10
solicit entries in directories of any nature using offer forms, correction proposals or similar or solicit advertising orders or offer such entries or advertising orders directly without indicating the following in large print, in a prominent place and in understandable language:
1.
that the offer is private in character and subject to a charge,
2.
the duration of the contract,
3.
the total price for that duration, and
4.
the geographical spread, form, minimum print run and the latest date of publication;
q.11
send invoices for entries in directories of any nature or for advertising orders, without being given a corresponding order beforehand;
r.12
promise to supply goods, pay bonuses or provide other services on conditions that are advantageous to the recipient primarily if the recipient recruits other persons and less if the recipient sells or makes use of the goods or services (snowball, avalanche or pyramid schemes);
s.13
offer goods, works or services online and in doing so fail:
1.
to provide clear and complete details of their identity and their contact address including their email address,
2.
to indicate the individual technical steps that lead to a contract being concluded,
3.
to provide suitable technical means for identifying and correcting input errors before submitting the order,
4.
to provide immediate online confirmation of the customer's order;
t.14
promise a prize as part of a competition or a prize draw the redemption of which is conditional on the use of a chargeable value-added service number, the payment of compensation for expenses, the purchase of a good or service or participation in a sales event, promotional trip or a further prize draw
u.15
fail to observe a note in the telephone directory that a customer does not wish to receive advertising from persons with whom they have no business relationship and that their data may not be passed on for the purposes of direct advertising; customers without a directory entry shall be treated in the same way as customers with a directory entry and note;
v.16
make advertising calls without displaying a telephone number which is entered in the telephone directory and which they are entitled to use;
w.17
make use of information that has come to their knowledge as a result of an infringement of letter u or v.

2 Paragraph 1 letter s does not apply to voice telephony and to contracts concluded exclusively by the exchange of electronic mail or by comparable individual communication.18

4 Amended by No I of the FA of 24 March 1995, in force since 1 Nov. 1995 (AS 1995 4086; BBl 1994 III 442).

5 Amended by Annex 2 No II 2 of the FA of 23 March 2001 on Consumer Credit, in force since 1 Jan. 2003 (AS 2002 3846; BBl 1999 3155).

6 Amended by Annex 2 No II 2 of the FA of 23 March 2001 on Consumer Credit, in force since 1 Jan. 2003 (AS 2002 3846; BBl 1999 3155).

7 Amended by No II of the FA of 13 Dec. 2013 (Repeal of Provisions on Advance Payment Contracts), in force since 1 July 2014 (AS 2014 869; BBl 2013 4631 5793).

8 Inserted by Annex 2 No II 2 of the FA of 23 March 2001 on Consumer Credit, in force since 1 Jan. 2003 (AS 2002 3846; BBl 1999 3155).

9 Inserted by Annex No 1 of the FA of 24 March 2006, in force since 1 April 2007 (AS 2007 921; BBl 2003 7951).

10 Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

11 Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

12 Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

13 Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

14 Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

15 Inserted by No I of the FA of 17 June 2011 (AS 2011 4909; BBl 2009 6151). Amended by Annex No 2 of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).

16 Inserted by Annex No 2 of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).

17 Inserted by Annex No 2 of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).

18 Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

Art. 3a19 Discrimination in long-distance trading

1 A person acts unfairly towards a customer in Switzerland in particular if, in long-distance trading, without objective justification, on the basis of the customer's nationality, place of residence, place of establishment, the registered office of the customer's payment service provider or the place of issue of the customer's means of payment:

a.
they discriminate in relation to the price or terms of payment;
b.
they block or restrict the customer's access to an online portal; or
c.
they redirect the customer to a version of the online portal other than the one originally visited without the customer's consent.

2 This provision does not apply to non-economic services of general interest; financial services; electronic communication services; public transport services; services provided by temporary employment agencies; healthcare services; games of chance that require a monetary stake, including lotteries, games of chance in casinos and betting; private security services; social services of any nature; services connected with the exercise of official authority; activities of notaries and court officers appointed by public authorities; audio-visual services.

19 Inserted by No II of the FA of 19 March 2021, in force since 1 Jan. 2022 (AS 2021 576; BBl 2019 4877).

Art. 4 Inducement to breach or terminate a contract

A person acts unfairly in particular if they:

a.
induce a customer to breach a contract in order to enter into a contract with that customer;
b.20
c.
induce employees, agents or other auxiliary personnel to betray or find out manufacturing or trade secrets belonging to their employer or client;
d.21
induce a consumer who has entered into a consumer credit agreement to cancel the agreement in order to enter into an agreement with that consumer.

20 Repealed by Art. 2 No 1 of the FD of 7 Oct. 2005 on the Adoption and Implementation of the Council of Europe Criminal Law Convention on Corruption and its Additional Protocol, with effect from 1 July 2006 (AS 2006 2371; BBl 2004 6983).

21 Amended by No II of the FA of 13 Dec. 2013 (Repeal of Provisions on Pre-Payment Agreements), in force since 1 July 2014 (AS 2014 869; BBl 2013 4631 5793).

Art. 4a22 Bribery and accepting bribes

1 A person acts unfairly if they:

a.
offer, promise or grant an undue advantage to an employee, a company member, an agent or another auxiliary person of a third party in the private sector in connection with the latter's official or business activity in return for an act or omission in breach of the latter's duty or subject to their discretion for the former's benefit or for the benefit of a third party;
b.23
as an employee, a company member, an agent or another auxiliary person of a third party in the private sector solicit the offer or promise of or accept an undue advantage in connection with their official or business activity in return for an act or omission in breach of their duty or subject to their discretion for their own benefit or for the benefit of a third party.

2 Advantages contractually approved by the third party and minor, socially customary advantages are not undue advantages.

22 Inserted by Art. 2 No 1 of the FD of 7 Oct. 2005 on the Adoption and Implementation of the Council of Europe Criminal Law Convention on Corruption and its Additional Protocol, in force since 1 July 2006 (AS 2006 2371; BBl 2004 6983).

23 The correction by the FA Drafting Committee of 10 Dec. 2015, published on 31 Dec. 2015, relates to the Italian text only (AS 2015 5999).

Art. 5 Exploiting the work of others

A person acts unfairly in particular if they:

a.
exploit a work product entrusted to them, such as an offer, calculation or plan, without authorisation;
b.
exploit a third party's work product, such as an offer, calculation or plan, even though they must know that it was given or made accessible to them without authorisation;
c.
take over and exploit another person's work product that is ready for the market by means of technical reproduction processes without any reasonable effort of their own.
Art. 7 Non-compliance with conditions of employment

A person acts unfairly in particular if they do not comply with conditions of employment that also apply to competitors by legal rule or agreement, or which are customary in the profession or location concerned.

Art. 824 Use of improper terms and conditions of business

A person acts unfairly in particular if they use general terms and conditions of business that provide for a considerable and unjustified imbalance between contractual rights and contractual obligations to the prejudice of consumers in a manner that is in breach of good faith.

24 Amended by No I of the FA of 17 June 2011, in force since 1 July 2012 (AS 2011 4909; BBl 2009 6151).

Art. 8a25 Use of parity clauses in dealings with accommodation businesses

A person acts unfairly in particular if, as the operator of an online platform for booking accommodation services, they apply general terms and conditions of business that restrict, directly or indirectly, the ability of accommodation businesses to fix prices and make offers by means of parity clauses, in particular in relation to prices, availability or conditions.

25 Inserted by No I of the FA of 17 June 2022, in force since 1 Dec. 2022 (AS 2022 690; BBl 2021 2858).

Section 2 Procedural Law Provisions26

26 Amended by Annex 1 No II 15 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

Art. 9 Right to take legal action27

1 Any person who is threatened with or sustains damage to their customer base, their credit or professional reputation, their business operations or otherwise to their economic interests as a result of unfair competition may request the court:

a.
to prohibit imminent damage;
b.
to redress existing damage;
c.
to determine the illegality of the damage if this is continuing to have a disruptive effect.

2 They may in particular request that notice of any correction or the judgment be given to third parties or be published.

3 They may also bring an action pursuant to the Code of Obligations28 for damages and satisfaction and for delivery of profits in accordance with the provisions on agency without authority.

27 Amended by Annex 1 No II 15 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

28 SR 220

Art. 10 Right of customers, organisations and the Confederation to take legal action29

1 The actions under Article 9 are also available to customers whose economic interests are threatened or damaged by unfair competition.

2 In addition, the following entities may bring actions under Article 9 paragraphs 1 and 2:

a.
professional and trade associations which are authorised under their articles to safeguard the economic interests of their members;
b.
organisations of national or regional importance which, in accordance with their articles, are dedicated to consumer protection;
c.30
...

3 The Confederation may also bring actions under Article 9 paragraphs 1 and 2 if it regards it as necessary in order to protect the public interest, and in particular if:

a.
Switzerland's reputation abroad is threatened or damaged and the persons whose economic interests are affected are based abroad; or
b.
the interests of several persons or of a group of members of an industry or other collective interests are threatened or damaged.31

4 Where required in order to protect the public interest, the Federal Council shall inform the public about unfair practices, and name the businesses concerned. Where there is no longer a public interest, the publications concerned shall be deleted.32

5 In the case of actions by the Confederation, the application of this Act is mandatory in accordance with Article 18 of the Federal Act of 18 December 198733 on Private International Law.34

29 Amended by Annex 1 No II 15 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

30 Inserted by No I of the FA of 20 March 1992 (AS 1992 1514; BBl 1992 I 355). Repealed by No I of the FA of 17 June 2011, with effect from 1 April 2012 (AS 2011 4909; BBl 2009 6151).

31 Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

32 Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

33 SR 291

34 Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

Art. 11 Actions against the employers

If employees or other auxiliary persons compete unfairly in the course of their official or business activities, an action under Article 9 paragraphs 1 and 2 may also be brought against their employers.

Art. 13a36 Reverse onus

1 The court may require an advertiser to prove that claims in their advertising are accurate if this appears appropriate having taken account of the legitimate interests of the advertiser and of the other parties to the proceedings.

2 ...37

36 Inserted by No I of the FA of 18 June 1993, in force since 1 April 1994 (AS 1994 375; BBl 1993 I 805).

37 Repealed by Annex 1 No II 15 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).

Chapter 3 Administrative Law Provisions39

39 Amended by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

Art. 16 Duty to indicate prices

1 Where goods are offered for sale to consumers, the price that must actually be paid must be indicated, unless the Federal Council provides for exceptions. In particular, exceptions shall be permitted for technical or safety reasons. The same obligation applies in the case of services designated by the Federal Council.

2 The Federal Council shall regulate the indication of prices and tips.

340

40 Repealed by Art. 26 of the Metrology Act of 17 June 2011, with effect from 1 Jan. 2013 (AS 2012 6235; BBl 2010 8013).

Art. 16a41 Indication of the basic price for measurable goods and services

1 The quantities and prices of measurable goods and services that are offered for sale to consumers must be indicated and their comparability guaranteed by indicating the basic price.

2 The Federal Council may issue regulations compliance with which provides an exemption from the requirement to indicate basic prices.

41 Inserted by Art. 26 of the Metrology Act of 17 June 2011, in force since 1 Jan. 2013 (AS 2012 6235; BBl 2010 8013).

Art. 18 Misleading indications of prices

It is unlawful to do the following in a manner that is misleading:

a.
indicate prices;
b.
indicate price reductions, or
c.
indicate other prices next to the price that must actually be paid.
Art. 19 Obligation to provide information

1 The responsible cantonal bodies may obtain information and request documents where this is required to establish the circumstances of a case.

2 The obligation to provide information applies to:

a.
persons and businesses that offer goods for sale to consumers or that manufacture, purchase or trade in such goods;
b.
persons and businesses that offer, provide, broker or make use of services;
c.
private sector organisations;
d.
organisations of national or regional importance which, in accordance with their articles, are dedicated to consumer protection.

3 The obligation to provide information ceases to apply if the right to refuse to testify under Article 42 of the Federal Act of 4 December 194742 on Federal Civil Procedure applies.

4 The provisions of the Criminal Procedure Code of 5 October 200743 and the cantonal provisions on administrative procedure are reserved.44

42 SR 273

43 SR 312.0

44 Amended by Annex 1 No II 7 of the Criminal Procedure Code of 5 Oct. 2007, in force since 1 Jan. 2011 (AS 2010 1881; BBl 2006 1085).

Art. 20 Implementation

1 The cantons are responsible for implementation, the Confederation for oversight.

2 The Federal Council shall issue the implementing provisions.

Chapter 3a45 Cooperation with Foreign Supervisory Authorities

45 Amended by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

Art. 21 Cooperation

1 The federal authorities responsible for implementing this Act may work with the competent foreign authorities and with international organisations or bodies and in particular coordinate surveys, provided:

a.
this is required to combat unfair business practices; and
b.
the foreign authorities, international organisations or bodies are required to observe official secrecy or are subject to a corresponding duty of confidentiality.

2 The Federal Council may enter into international agreements on cooperation with foreign supervisory authorities to combat unfair business practices.

Art. 22 Disclosure of personal data

1 The federal authorities responsible for implementing this Act may in the context of their cooperation in accordance with Article 21 disclose to foreign authorities and international organisations or bodies data relating to persons and activities, and in particular relating to:

a.
persons involved in an unfair business practice;
b.
the sending of advertising material and other documents that indicate the existence of an unfair business practice;
c.
the financial modalities of the transaction;
d.
the closure of post office boxes.

2 They may disclose the data if the data recipients provide an assurance that they will grant reciprocal rights and only process data for the purpose of combating unfair business practices. Article 6 of the Federal Act of 19 June 199246 on Data Protection remains reserved.

3 If the data recipient is an international organisation or an international body, they may disclose the data without being granted reciprocal rights.

Chapter 4 Criminal Provisions

Art. 2347 Unfair competition

1 Any person who wilfully competes unfairly in terms of Articles 3, 4, 5 or 6 shall on complaint be liable to a custodial sentence not exceeding three years or a monetary penalty.48

2 Any person who has the right under Articles 9 or 10 to bring civil proceedings may file a criminal complaint.

3 The Confederation has the rights of a private claimant in the proceedings.49

47 Amended by Art. 2 No 1 of the FD of 7 Oct. 2005 on the Adoption and Implementation of the Council of Europe Criminal Law Convention on Corruption and its Additional Protocol, in force since 1 July 2006 (AS 2006 2371; BBl 2004 6983).

48 Amended by No II 1 of the FA of 25 Sept. 2015 (Criminal Law on Corruption), in force since 1 July 2016 (AS 2016 1287; BBl 2014 3591).

49 Inserted by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

Art. 24 Violation of the duty to indicate prices to consumers

1 Any person who wilfully:

a.50
breaches the duty to indicate prices (Art. 16) or to indicate the basic price (Art. 16a);
b.
breaches the regulations on indicating prices in advertising (Art. 17);
c.
indicates prices in a misleading way (Art. 18);
d.
breaches the obligation to provide information in connection with indicating prices (Art. 19);
e.51
breaches the Federal Council implementing regulations on indicating prices or indicating the basic price (Art. 16, 16a and 20),

shall be liable to a fine not exceeding 20 000 francs.52

2 If the offender acts through negligence, the penalty is a fine.

50 Amended by Art. 26 of the Metrology Act of 17 June 2011, in force since 1 Jan. 2013 (AS 2012 6235; BBl 2010 8013).

51 Amended by Art. 26 of the Metrology Act of 17 June 2011, in force since 1 Jan. 2013 (AS 2012 6235; BBl 2010 8013).

52 Amended by Art. 333 of the Swiss Criminal Code in its version in the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).

Art. 26a55 Revocation and blocking of domain names and telephone numbers

1 If domain names or telephone numbers have been used in order to commit a criminal offence under Article 23 in conjunction with Article 3 or under Article 24 and the measure concerned is required in order to prevent further offences, the public prosecutor or the court may order the following measures without regard to the criminal liability of any specific person:

a.
the revocation of a second level domain name subordinate to an internet domain whose administration is Switzerland's responsibility;
b.
the revocation or the blocking of a telephone number for fixed-network services or for mobile telecommunications services.

2 The authority directing the proceedings may order the temporary blocking of the domain name or the telephone number until the criminal proceedings have been concluded.

55 Inserted by Annex No 2 of the FA of 22 March 2019, in force since 1 Jan. 2021 (AS 2020 6159; BBl 2017 6559).

Art. 27 Prosecution

1 Prosecution is the responsibility of the cantons.

2 The cantonal authorities shall provide the Office of the Attorney General of Switzerland and the Federal Department of Economic Affairs, Education and Research56 with full details of all judgments, summary penalty orders and decisions to dismiss proceedings without delay and free of charge.57

56 Name in accordance with No I 5 of the O of 15 June 2012 (Restructuring the Departments), in force since 1 Jan. 2013 (AS 2012 3655).

57 Amended by No I of the FA of 17 June 2011, in force since 1 April 2012 (AS 2011 4909; BBl 2009 6151).

Chapter 5 Final Provisions

Art. 29 Referendum and commencement

1 This Act is subject to an optional referendum.

2 The Federal Council shall determine the commencement date.

Commencement date: 1 March 198859

59 FCD of 14 Dec. 1987.