942.20
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
of 20 December 1985 (Status as of 1 January 2013)
The Federal Assembly of the Swiss Confederation,
based on Articles 31septies and 64bis of the Federal Constitution1,
after considering the Federal Council Dispatch dated 30 May 19842,
decrees:
1 [BS 1 3; AS 1983 240]
This Act applies to prices of goods and services, including credit. Salaries and other benefits from employment as well as the lending activities of the Swiss National Bank are excluded.
3 Amended by No I of the Federal Act of 22 March 1991, in force since 1 Oct. 1991 (AS 1991 2092; BBl 1990 I 97).
This Act applies to agreements affecting competition as defined in the Cartel Act of 6 October 19955 and to undertakings under private and public law with market power.
4 Amended by Annex No 3 of the Cartel Act of 6 Oct. 1995, in force since 1 July 1996 (AS 1996 546, 1805; BBl 1995 I 468).
1 The Federal Council shall appoint a commissioner for price supervision (the Price Supervisor).
2 The Price Supervisor is subordinate to the Federal Department of Economic Affairs, Education and Research6. He or she shall be assigned members of staff.
6 Term in accordance with No I 33 of the O of 15 June 2012 (Restructuring of the Departments), in force since 1 Jan. 2013 (AS 2012 3655). This amendment has been taken into account throughout the decree.
1 The Price Supervisor shall monitor price developments.
2 He or she shall prevent or eliminate any abusive increase in or maintenance of prices. The monitoring of specific prices by other authorities remains reserved (Art. 15).
3 He or she shall inform the public about his or her activities.
1 Price supervision is carried out in co-operation with interested groups. In the case of lending rates, the Price Supervisor shall in particular act after detailed consultation with the SNB and the Swiss Financial Market Supervisory Authority7.8
2 The Price Supervisor shall work with the Competition Commission9. He or she shall attend their meetings in an advisory capacity.
3 The Price Supervisor and the Competition Commission shall inform each other of important decisions.
4 If questions of personal scope (Art. 2) and effective competition (Art. 12) are to be assessed, the Price Supervisor or the competent authority (Art. 15) must consult the Competition Commission before taking a decision. The Competition Commission may publish its opinions.10
7 The name of the administrative unit was adapted in application of Art. 16 para. 3 of the Publication Ordinance of 17 Nov. 2004 (AS 2004 4937).
8 Amended by No I of the FA of 22 March 1991, in force since 1 Oct. 1991 (AS 1991 2092; BBl 1990 I 97).
9 Term in accordance with Annex No 3 of the Cartel Act of 6 Oct. 1995, in force since 1 July 1996 (AS 1996 546, 1805; BBl 1995 I 468). This amendment has been made throughout the text.
10 Amended by No I of the Federal Act of 22 March 1991, in force since 1 Oct. 1991 (AS 1991 2092; BBl 1990 I 97).
If parties to agreements affecting competition or undertakings with market power intend to increase prices, they may submit their plans to the Price Supervisor.11 The Price Supervisor shall declare within 30 days whether he or she considers the price increase to be unobjectionable.
11 Amended by Annex No 3 of the Cartel Act of 6 Oct. 1995, in force since 1 July 1996 (AS 1996 546, 1805; BBl 1995 I 468).
Any person who suspects that the increase in or maintenance of a price is abusive may report this in writing to the Price Supervisor.
Based on the reports or his or her own observations, the Price Supervisor shall establish whether there are any indications of an abusive price increase or of abusive price maintenance.
If the Price Supervisor identifies abuse, he or she shall endeavour to reach an amicable settlement with the parties concerned; This does not require any special form.
If no amicable settlement can be reached, the Price Supervisor shall prohibit the increase in whole or in part or order a price reduction.
1 The validity of the amicable settlement or the decision must be limited in time.
2 At the request of the person or undertaking concerned, the Price Supervisor shall declare the settlement or decision invalid before the expiry of the deadline if the actual circumstances have changed significantly in the meantime.
1 Price abuse within the meaning of this Act can only occur if the prices in the relevant market are not the result of effective competition.
2 Effective competition exists in particular if customers have the opportunity to switch to comparable offers without unreasonable effort.
1 When examining whether a price has been abusively increased or maintained, the Price Supervisor must take particular account of the following:
2 When reviewing the costs, the Price Supervisor may also take account of the initial price.
1 If the legislature or the executive of the Confederation, a canton or a commune is responsible for setting or approving a price increase requested by the parties to a competition agreement or a company with market power, it shall first consult the Price Supervisor.12 The Price Supervisor may request that a price should not be increased at all or to the extent intended or that an abusively maintained price be reduced.
2 The authority shall cite the Price Supervisor's opinion in its decision. If it does not follow it, it shall give reasons for this.
3 When examining whether a price abuse has occurred, the Price Supervisor shall take account of any overriding public interests.
12 Amended by Annex No 3 of the Cartel Act of 6 Oct. 1995, in force since 1 July 1996 (AS 1996 546, 1805; BBl 1995 I 468).
1 If agreed prices or prices set by a undertaking with market power are already monitored on the basis of other provisions of federal law, the competent authority shall assess them and not the Price Supervisor.13
2 The authority shall be guided by this Act insofar as this is compatible with the objectives of its supervision.
2bis The authority shall inform the Price Supervisor of the price assessments it carries out. The Price Supervisor may request that a price increase not be made in whole or in part or that an abusively maintained price be reduced.14
2ter The authority shall cite the Price Supervisor's opinion in its decision. If it does not follow it, it shall give reasons for this.15
3 Proceedings, rights of appeal and criminal penalties are governed by the relevant federal legislation.
13 Amended by Annex No 3 of the Cartel Act of 6 Oct. 1995, in force since 1 July 1996 (AS 1996 546, 1805; BBl 1995 I 468).
14 Inserted by No I of the Federal Act of 22 March 1991, in force since 1 Oct. 1991 (AS 1991 2092; BBl 1990 I 97).
15 Inserted by No I of the Federal Act of 22 March 1991, in force since 1 Oct. 1991 (AS 1991 2092; BBl 1990 I 97).
1 The Competition Commission may initiate investigations into agreements affecting competition or undertakings with market power, even if the Price Supervisor has reduced the price or discontinued the proceedings.
2 The Price Supervisor is reserved the right to review the abusive nature of agreed prices or prices of undertakings with market power.
16 Amended by Annex No 3 of the Cartel Act of 6 Oct. 1995, in force since 1 July 1996 (AS 1996 546, 1805; BBl 1995 I 468).
Parties to agreements affecting competition, undertakings with market power and third parties involved in the market must provide the Price Supervisor with all the information required and make the necessary documents available.17 Third parties are not obliged to disclose manufacturing or business secrets.
17 Amended by Annex No 3 of the Cartel Act of 6 Oct. 1995, in force since 1 July 1996 (AS 1996 546, 1805; BBl 1995 I 468).
The Price Supervisor may request federal, cantonal and communal offices and supervisory authorities as well as business organisations to cooperate in his or her investigations and to provide the necessary documents.
1 The Price Supervisor shall maintain official secrecy.
2 He or she may not disclose any business secrets.
Rights of appeal are governed by the general provisions on the administration of federal justice.
18 Amended by Annex No 137 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197, 1069; BBl 2001 4202).
Organisations of national or regional importance that are dedicated to consumer protection in accordance with their statutes have a right of appeal.
19 Repealed by Annex No 137 of the Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197, 1069; BBl 2001 4202).
1 Any person who wilfully:
shall be liable to a fine not exceeding 100,000 francs.
2 An attempt is a criminal offence.
Any person who wilfully:
shall be liable to a fine not exceeding 20,000 francs.
1 The Price Supervisor and the competent authorities (Art. 15) shall enforce this Act.
2 The Federal Council shall issue the implementing provisions. In particular, it may issue provisions on the coordination of the activities of the Price Supervisor and the competent authorities (Art. 15).21
21 Amended by No I of the Federal Act of 22 March 1991, in force since 1 Oct. 1991 (AS 1991 2092; BBl 1990 I 97).
