The new Tobacco Products Law and the revised Tobacco Products Ordinance entered into force on 1 October 2024. The new legislation introduces important amendments to the current law. In particular, these relate to the regulation of electronic cigarettes, tobacco products for heating and tobacco products for oral use. Moreover, further measures for the protection of children and young adults have been introduced.
A preliminary investigation by the Secretariat of the Swiss Competition Commission into information exchanges in the Swiss labor market has found indications of collusion on employee compensation and benefits among more than 200 large companies in various sectors. While the preliminary investigation was initially limited to the banking sector, it became apparent that information exchanges on wage-related topics also occurred in other sectors. Due to the large number of parties involved, the Swiss authority decided that developing best-practice guidelines would be more effective in remedying the situation than launching an in-depth investigation into the behavior of each company. Therefore, the Swiss authority closed the preliminary investigation without opening a formal investigation and without imposing any sanctions.
On 15 December 2023, the Federal Council adopted a draft Investment Screening Act (the “D-ISA”). To date, Switzerland has no overarching regulation for the review of foreign investments as prevalent in other countries. The D-ISA intends to introduce sector-specific investment control in Switzerland to prevent takeovers of Swiss companies operating in critical sectors by foreign state-controlled investors (public or private investors that are directly or indirectly controlled by a state) if these takeovers endanger or threaten public order or security in Switzerland.
With the publication of a new guideline on green marketing, the Swiss Unfair Competition Commission has provided greater clarity in the assessment of the admissibility of marketing communications with environmental or climate-related content. In particular, the Guideline sets out clear rules on the requirements for admissible marketing communications with an environmental reference and the associated requirements for evidence. In a legal environment characterized by vague legal provisions and considerable discretion given to the competent authorities, this new Guideline provides important clarification.
On 29 November 2023, the Swiss government enacted a new Ordinance on the Competition Law Treatment of Vertical Agreements in the Motor Vehicle Sector (referred to as the Motor Vehicle Ordinance). In December 2023, the Swiss Competition Commission (COMCO) released Explanatory Notes to accompany the new Ordinance. The new Ordinance and Explanatory Notes are scheduled to come into force on 1 January 2024, and are set to replace COMCO’s current Motor Vehicle Notice and Explanatory Notes.
Following pressure from parliament, the Swiss Federal Council last year launched a consultation process on new legislation for the review of foreign investments. In May 2023, the Swiss Federal Council has taken note of the results of the consultation on the proposed investment control law. A majority of the participants in the consultation argued that the proposed investment control law would weaken Switzerland’s attractiveness as a business location, while a significant minority sees a clear need for action and is in favor of introducing foreign investment screening also in Switzerland.
The legal framework for the labelling of vegan and vegetarian alternatives to meat is continuously evolving and also differs from country to country. In Switzerland, the Federal Food Safety and Veterinary Office had put forward a very strict interpretation, deeming as deceptive and thus prohibited any use of animal designations in the labelling of vegan and vegetarian meat alternatives. In a recent decision, the Administrative Court of the Canton of Zurich rejected this strict approach and deemed the use of the terms “planted.chicken”, “like chicken”, “like pork”, “pulled pork”, “vegan pork” or “chicken from plants” on the packaging of vegan meat alternatives as not deceptive.
After pressure from Parliament, the Swiss Federal Council has against its own intentions opened the consultation process on new legislation to screen foreign investments in future also in Switzerland and has published a draft investment control law (“Draft ICL”). By implementing foreign investment control mechanisms, Switzerland would follow the global trend towards stricter regulation of foreign investments. According to the Draft ICL, the new law would apply to acquisitions of domestic companies by foreign investors. The main objective is the aversion of possible threats to public order and national security resulting from acquisitions of domestic companies by foreign investors. The final aim is to create investment controls in a new and stand-alone federal law.
In August 2022, the Swiss Competition Commission launched an investigation against the multinational healthcare company Fresenius Kabi Group.
The Swiss Parliament has adopted new provisions in the Swiss Cartel Act regarding the business conduct of companies with relative market power, the freedom of powerful companies to set prices, and geo-blocking practices. The revised Swiss law will enter into force on 1 January 2022.