Distribution Agreements and Swiss Competition Law

There are several types of commercial contracts that may be totally or partially void for breach of competition law (Swiss Cartel Act; RS 251). Among them are distribution agreements. The treatment of such agreements by the Swiss Competition Commission (ComCo) has been uncertain for quite a long time. This uncertainty has been partially alleviated by ComCo’s publication of a notice. In the light of this development, many companies may need to review their system of distribution.