The European Commission welcomes the entry into force of the
cooperation agreement in competition matters with Switzerland on 1
December 2014. The agreement will strengthen co-operation between the
Commission and the Swiss Competition Commission. This is the first time
the EU concludes an agreement with a third country that will enable the
two competition authorities to exchange evidence they have obtained in
their respective investigations (a so-called "second generation"
agreement).
EU Commissioner in charge of competition policy Margrethe Vestager said: "The
possibility to exchange evidence gives competition authorities new
strength. I am very pleased on behalf of consumers and companies alike
and I believe this agreement will lead to more efficient competition law
enforcement."
The Agreement will provide a framework for
co-ordination on competition enforcement activities. It will enhance
co-operation in the fight against breaches of competition law, for
instance through regular contacts between the two authorities to discuss
policy issues and enforcement efforts and priorities. The Commission
and the Swiss Competition Commission will also notify each other of
concrete enforcement activities affecting each other’s major interests.
This
is the first time that such a cooperation agreement also allows the
authorities to exchange evidence obtained in their respective
investigations. The exchange of information is subject to strict
conditions protecting business secrets and personal data. Information
can be exchanged when both authorities investigate the same or a related
conduct or transaction and the receiving authority can use the evidence
only for the enforcement of its competition rules. In addition, no
evidence can be used to impose sanctions on individuals.
Background...
The
European Union has concluded bilateral cooperation agreements in order
to structure and facilitate cooperation between the Commission and
foreign competition authorities. There are four such agreements, namely
with the United States (1991), Canada (1999), Japan (2003) and South Korea
(2009). All these agreements are so-called "first generation"
agreements; they contain various instruments of cooperation in the area
of competition policy but do not allow the competition authorities to
exchange information and documents obtained in the course of their
investigations, unless they have obtained express waivers from the
source of the information.
The EU and Switzerland are two very
important economic partners, whose economies are deeply integrated. As a
result, many anticompetitive practices have cross border effects on
trade between the EU and Switzerland.
The text of the agreement, which was signed in May 2013, is available at http://ec.europa.eu/competition/international/bilateral/agreement_eu_ch_en.pdf. The agreement will enter into force on 1 December 2014.
