Institutional Reform of the Swiss Competition Commission – Proposal of the Federal Council

Introduction

Following the adoption of the revised Cartel Act in December 2025 (see Insight of 5 December 2026), on 20 May 2026 the Swiss Federal Council adopted its long-awaited proposal for significant institutional and procedural reforms to Swiss competition law enforcement. The proposed amendments aim to strengthen the independence of the Swiss Competition Commission (ComCo), improve companies’ rights of defense and enhance the efficiency and acceptance of cartel proceedings before the ComCo and the Federal Administrative Court.

Key points of the reform

The centerpiece of the reform is the clearer separation of decision-making and investigation powers, with the aim of strengthening the independence of ComCo. According to the proposal, investigations will be conducted exclusively by the Secretariat of ComCo, without the involvement of the ComCo itself. At the same time, the Secretariat’s role during the decision-making process will be limited to what is necessary. Additionally, to achieve a more specialized and focused body, the proposal also aims to downsize the members of ComCo from currently 11–15 to 5–7 members and to allow dissenting opinions to be published alongside the decisions. 

The proposal also introduces several important procedural amendments aimed at strengthening the rights of the parties. Notably, the Secretariat will be required to communicate preliminary findings in principle within 12 months after the opening of an investigation. Furthermore, parties will receive broader access to file and a longer deadline for appealing against final ComCo decisions in investigations (60 days instead of 30). 

At the judicial level, the Federal Administrative Court will receive additional judges, with special expertise in economics and competition law. 

Outlook

The reform proposal will now move to the Swiss Parliament, where detailed political discussions are expected. While the consultation process showed broad support for the reform overall, many stakeholders had called for a stricter institutional separation between investigation and decision-making. Nevertheless, the Federal Council opted for a more pragmatic approach without fundamentally altering the Swiss administrative enforcement model. It remains to be seen whether such a “revision light” will deliver the intended efficiency gains and pass the parliamentary scrutiny.   

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Legal Note: The information contained in this Smart Insight newsletter is of general nature and does not constitute legal advice.