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The Swiss Federal Council has discussed the situation in eastern Ukraine at its meeting of 23 February 2022. It condemns Russia’s recognition of the two non-government-controlled territories of the Donetsk and Luhansk regions as independent states as a violation of international law. While the Swiss government has not decided on adopting any sanctions or measures yet, it has stated that it wishes to ensure that Switzerland will not be used as a platform to circumvent sanctions imposed by the EU, as it has already done since 2014, and is therefore examining the newly adopted EU sanctions closely.

The Swiss government has opened the consultation process on a further revision of the Swiss Cartel Act after previous failed attempts. The main objective of the proposed revision is the modernization of Swiss merger control. By changing the current qualified market dominance test to the Significant Impediment to Effective Competition test, the regulation of mergers shall be adapted to the standards already prevailing in the EU and the threshold for prohibiting a transaction should thus become lower.

Baker McKenzie are now inviting you to join sessions on specific developments and areas of risk that are on the minds of risk managers and require forethought today. The Series is designed for legal and compliance as well as interested business leaders who want to invest 50 minutes every month to these topics and come away with ideas and practical guidance.

On 25 November 2021 (Case C-102/20), the European Court of Justice (ECJ) ruled that displaying advertisements directly in the e-mail inbox, so-called inbox advertising (“Inbox Werbung”), is only permissible with the recipient’s prior consent. The ECJ’s reasoning can also apply to the legal situation in Switzerland on the basis of the provisions of the Federal Act against Unfair Competition.