The radiance of the Elmex decision

The radiance of the Elmex decision

By issuing the Elmex decision the Federal Administrative Court (Bundesverwaltungsgericht) pointed the direction in the debate on the introduction of partial per-se prohibitions, which has been a topic within the current revision of the Swiss Cartel Act since 2011.

Related content

The radiance of the Elmex decision is inter alia based upon the fact, that the intended goal of the revision of the Cartel Act of turning cartel procedures more efficient is achieved without burdensome amendments of the law. In addition, the solution provided by the Federal Administrative Court avoids legal uncertainty resulting from law revisions. Finally - and that's of crucial interest for companies - the decision makes clear, that economically significant agreements pursuant to Art. 5 para 3 and 4 Cartel Act are subject to sanction for unlawful restraints of competition (Art. 49a Cartel Act).

Legal Services

With our network and expertise we provide legal solutions that are suited to your needs.

Read more

Opportunities and Risks

Overview of the current article of our publication "Chancen und Risiken rechtlicher Neuerungen 2014/2015".

Read more

© 2017 KPMG Holding AG is a member of the KPMG network of independent firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss legal entity. All rights reserved.

Connect with us


Request for proposal



KPMG's Marketplace

Find the right people – right now. Get direct access to highly skilled professionals.