On 1 November 2022, Germany signed an agreement with Switzerland on the cooperation of the countries' competition authorities. The agreement allows for future cooperation between the Federal Cartel Office and the Swiss Competition Commission. For companies that may be affected, investigations by the cartel authorities could be initiated in the future.

The 12-page document focuses on the transfer of future notices and information from one authority to the other. According to article 4, each competition authority will inform the other of any enforcement action which may affect the interests of the other. For example, after searches about alleged conduct in violation of antitrust law, the other authority is to be informed "without undue delay" after the first investigative measure. Information is also to be provided in merger control proceedings. Article 5 of the agreement also provides for the possibility of coordinating enforcement measures.

The exchange of information will take place either with the consent of the companies concerned or, without such consent, at the request of the respective other authority. However, no information from leniency or settlement proceedings is to be handed over without the consent of the companies concerned.

In Switzerland, the agreement has yet be approved by the Federal Assembly. It will enter into force one month after its approval.

For further information on this topic please contact Sascha Dethof at Fieldfisher by telephone (+49 211 950 749 0) or email ([email protected]). The Fieldfisher website can be accessed at www.fieldfisher.com.