The Federal Council has adopted a draft revision to the Swiss Cartel Act (Kartellgesetz, KG) and of the Federal Administrative Court Act (Bundesverwaltungsgerichtsgesetz, VGG). The revision encompasses several measures aimed at establishing a more effective delineation between the Competition Commission (COMCO) and its secretariat. In the future, the secretariat’s investigations shall be carried out independently of the COMCO, while the secretariat’s role in the decision-making process shall be confined to what is absolutely essential. Furthermore, the draft aims to downsize the COMCO from its current composition of 11 to 15 members to a range of 5 to 7 members, with an emphasis on specialization on competition aspects. These measures aim to bolster its stance in relation to its secretariat.

Moreover, the rights of defence for companies shall be enhanced, obligating the secretariat to notify companies of the preliminary findings of an investigation within twelve months of the initiation of proceedings. In competition appeal proceedings, there are plans to appoint part-time judges with expertise in economics and competition law to the Federal Administrative Court. This aims to expedite proceedings and enhance the acceptance of decisions.

The consultation regarding the reform of the competition authorities was conducted in October 2025. The Federal Council’s press release indicates that the draft received widespread approval during the consultation process. Nevertheless, the Federal Council acknowledged that certain consultation participants believed the proposed measures were insufficient. Thus, the press release states that multiple submissions advocated for a more stringent delineation between the COMCO and its secretariat. A considerable number of participants also opposed the suggested reduction of the COMCO. However, the Federal Council has announced its decision to refrain from implementing fundamental alterations to the draft. Therefore, the Federal Council and handed the draft over to the Swiss Parliament together with the corresponding dispatch. The Parliament will now deliberate on the revision.