The Swiss government has opened the consultation process on a further revision of the Swiss Cartel Act after previous failed attempts. The main objective of the proposed revision is the modernization of Swiss merger control. By changing the current qualified market dominance test to the Significant Impediment to Effective Competition test, the regulation of mergers shall be adapted to the standards already prevailing in the EU and the threshold for prohibiting a transaction should thus become lower.
Baker McKenzie are now inviting you to join sessions on specific developments and areas of risk that are on the minds of risk managers and require forethought today. The Series is designed for legal and compliance as well as interested business leaders who want to invest 50 minutes every month to these topics and come away with ideas and practical guidance.
As a result of the EU Commission’s decision not to proceed any further with updating the Mutual Recognition Agreement with Switzerland (MRA) with effect from 26 May 2021, Switzerland no longer has access to the European single market for medical devices on an equal partnership basis but is since treated as a “third country”.
On 25 November 2021 (Case C-102/20), the European Court of Justice (ECJ) ruled that displaying advertisements directly in the e-mail inbox, so-called inbox advertising (“Inbox Werbung”), is only permissible with the recipient’s prior consent. The ECJ’s reasoning can also apply to the legal situation in Switzerland on the basis of the provisions of the Federal Act against Unfair Competition.
On 17 September 2021, the Federal Council adopted a partial revision of the Chemicals Control Ordinance, which entered into force on 1 November 2021. With the revision, the licensing procedures for the production of certain chemicals for research, medical and pharmaceutical purposes have been simplified.
On 20 December 2021, taking effect at 6pm CET, Switzerland amended its lists of sanctioned parties (Annexes 7, parties subject to financial sanctions, and 8, parties subject to financial restrictions), namely by adding 17 individuals and 11 entities and organizations to Annex 7. These are the same individuals and entities as listed under EU sanctions on 2 December. Among the entities added are Belavia Belarusian Airlines, State Production Association Belorusneft and Open Joint Stock Company Belshina.
Please be sure to sign up for our webinar on Financial Services – Fit for 2022 on 26 January 2022. This webinar will be held in German only.
The Baker McKenzie International Commercial and Trade team is delighted to invite you to watch our pre-recorded webinar on the latest developments in relation to sanctions against Belarus, as at 10 December 2021. The webinar covers sanctions measures imposed against Belarus by the US, the EU, the UK, Canada and Switzerland, with a particular focus on the most recent measures announced in December 2021, in response to the migration crisis on the Belarus/EU border. The webinar lasts just over 30 minutes, and is intended to give you an overview of the developments, and the key takeaways to ensure compliance by your business
In March 2021, the EU approved new reporting rules in a directive known as DAC7. The directive will require the operators of online platforms for the sale of goods and certain services, to collect, verify and share data on their sellers and their transactions concluded on the online platform. EU member states have until 31 December 2022 to implement DAC7 into national law. Certain platform operators will become a reporting platform and will need to start collecting and verifying data points in compliance with the DAC7 reporting requirements. The collected data points must be reported to the tax authorities of the relevant EU member state annually.
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.