What Are the New Swiss Competition Law Updates for 2026?

Introduction

Switzerland is set to introduce significant changes to its competition law framework in 2026. These updates aim to modernize the Swiss competition regime, align it more closely with European Union standards, and address challenges posed by digital markets. For businesses operating in or with Switzerland, understanding these new rules is crucial to ensure compliance and avoid penalties. This article explains the key Swiss competition law updates for 2026, their implications, and what companies should do to prepare.

Overview of the 2026 Amendments

The Swiss Parliament approved a comprehensive revision of the Cartel Act (Kartellgesetz) and related legislation, with most provisions entering into force on January 1, 2026. The reforms target three main areas: merger control, abuse of dominance, and enforcement powers. Additionally, new rules specifically address digital platforms and vertical agreements.

Key Objectives of the Reform

• Strengthen enforcement: Provide the Competition Commission (COMCO) with more effective tools to detect and sanction anti-competitive behavior.
• Modernize merger control: Introduce a transaction value threshold to capture acquisitions of innovative startups with low turnover but high market potential.
• Adapt to digital economy: Create specific provisions for digital gatekeepers and online platforms.
• Increase legal certainty: Clarify rules on vertical agreements and abuse of dominance.

Stricter Merger Control: Transaction Value Threshold

One of the most notable Swiss competition law updates for 2026 is the introduction of a transaction value threshold for merger notifications. Previously, only turnover thresholds applied, allowing some high-value acquisitions of small companies with low revenues to escape review. Under the new rules, a transaction must be notified to COMCO if:

• The combined worldwide turnover of the undertakings exceeds CHF 2 billion, or the combined Swiss turnover exceeds CHF 500 million; and
• The transaction value exceeds CHF 100 million; and
• At least one party has significant operations in Switzerland.

This change targets so-called “killer acquisitions” in digital and innovative sectors, where large firms buy small startups to eliminate potential competitors. The new threshold ensures that such deals undergo antitrust review.

Practical Impact

Companies engaging in M&A in Switzerland must now assess not only turnover but also transaction value. Legal teams should prepare to gather valuation data and evaluate whether the deal meets the new criteria. Failure to notify a qualifying transaction can result in fines of up to 10% of group turnover.

Digital Gatekeeper Regulation

Another major update is the introduction of rules specifically for digital gatekeepers—large platforms that control access to digital markets. Inspired by the EU’s Digital Markets Act, the Swiss law empowers COMCO to designate platforms as gatekeepers based on criteria such as market power, intermediation role, and dependence of business users. Designated gatekeepers must comply with obligations including:

• No self-preferencing of own products or services.
• No tying or bundling of products unless justified.
• No use of non-public business user data to compete against them.
• Ensuring data portability and interoperability.

Non-compliance can lead to fines of up to 10% of annual group turnover, and for repeated violations, structural remedies such as divestiture may be imposed.

Who Is Affected?

While only a few companies are likely to be designated as gatekeepers initially (e.g., major search engines, social networks, e-commerce platforms), the obligations will also affect business users that rely on these platforms. Companies should review their contracts and business models to ensure they do not inadvertently facilitate anti-competitive practices.

Enhanced Powers for COMCO

The 2026 reforms grant COMCO stronger investigative and sanctioning powers. Key changes include:

• Interim measures: COMCO can now impose interim measures without a full investigation if there is a prima facie case of serious and irreparable harm to competition.
• Leniency program improvements: The program is clarified to encourage more self-reporting of cartels. The first applicant can receive full immunity from fines, while subsequent applicants may get reduced penalties.
• Increased fines: Maximum fines for anti-competitive agreements and abuse of dominance rise to 10% of group turnover for intentional violations, and 5% for negligent violations.
• Structural remedies: In cases of persistent abuse, COMCO can order the breakup of a company or divestiture of assets.

Compliance Implications

Businesses must update their antitrust compliance programs to reflect these enhanced powers. In particular, companies should ensure they have robust processes for responding to dawn raids, which COMCO can now conduct more frequently. Also, the improved leniency program may incentivize whistleblowing, so internal reporting channels should be strengthened.

Vertical Agreements: More Clarity, Less Risk

The reforms also clarify the treatment of vertical agreements (e.g., between suppliers and distributors). Under the new law, certain vertical restraints are now exempt from the ban on anti-competitive agreements if they meet specific conditions. This includes:

• Resale price maintenance (RPM) remains prohibited, but there are new safe harbors for maximum and recommended prices.
• Exclusive distribution and selective distribution systems are generally allowed if market share thresholds are met.
• Online sales restrictions are subject to stricter scrutiny; outright bans on online sales are presumed illegal.

These changes provide more legal certainty for businesses, but they also require careful analysis of distribution agreements to ensure compliance.

Impact on International Businesses

Foreign companies with operations in Switzerland or that supply Swiss customers will be affected by these updates. Even if a company is based outside Switzerland, if its conduct has effects on Swiss competition, COMCO may assert jurisdiction. Therefore, international firms should:

• Review their global merger plans for potential Swiss notification requirements under the new transaction value threshold.
• Assess whether they could be considered a digital gatekeeper in Switzerland.
• Update distribution and pricing strategies to align with new vertical rules.
• Ensure antitrust compliance programs cover Swiss-specific provisions.

Timeline and Transitional Provisions

The new law enters into force on January 1, 2026, but some provisions have transitional periods:

• Merger control rules apply to transactions signed after January 1, 2026.
• Digital gatekeeper obligations will apply six months after designation, with designations expected by mid-2026.
• Existing vertical agreements have a one-year grace period to comply with new rules.

How to Prepare for the 2026 Swiss Competition Law Updates

To ensure a smooth transition, companies should take the following steps:

• Audit current M&A pipeline: Identify any pending transactions that may fall under the new transaction value threshold.
• Review digital platform usage: If your company relies on a major platform, assess the impact of gatekeeper obligations on your business.
• Update compliance programs: Incorporate the enhanced powers of COMCO and new penalty risks.
• Train staff: Educate employees, especially in sales and procurement, about the new rules on vertical agreements and leniency.
• Consult legal experts: Given the complexity, seek specialized antitrust advice to ensure full compliance.

Conclusion

The Swiss competition law updates for 2026 represent the most significant overhaul of competition policy in Switzerland in decades. With stricter merger control, new digital gatekeeper rules, and enhanced enforcement powers, COMCO is better equipped to protect competition in modern markets. Businesses must act now to understand these changes and adapt their practices accordingly. By staying informed and proactive, companies can turn compliance into a competitive advantage and avoid the severe penalties that now await non-compliance. The key takeaway is clear: the Swiss competition landscape is evolving, and preparation is essential.