942.20 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. # Price Supervision Act (PrSA) of 20 December 1985 (Status as of 1 January 2013) The Federal Assembly of the Swiss Confederation, based on Articles 31^septies^and 64^bis^of the Federal Constitution[^1],
after considering the Federal Council Dispatch dated 30 May 1984[^2], decrees: ## **Section 1** Scope of Application {#sec_1} ##### **Art. 1** Material scope of application {#sec_1/art_1 omnilex-key=ch-fedlex--942.20--1} This Act applies to prices of goods and services, including credit. Salaries and other benefits from employment as well as the lending activities of the Swiss National Bank are excluded. ##### **Art. 2** Personal scope of application {#sec_1/art_2 omnilex-key=ch-fedlex--942.20--2} This Act applies to agreements affecting competition as defined in the Cartel Act of 6 October 1995[^3]and to undertakings under private and public law with market power. ## **Section 2** Commissioner for Price Supervision {#sec_2} ##### **Art. 3** Appointment {#sec_2/art_3 omnilex-key=ch-fedlex--942.20--3} 1. The Federal Council shall appoint a commissioner for price supervision (the Price Supervisor). 2. The Price Supervisor is subordinate to the Federal Department of Economic Affairs, Education and Research[^4]. He or she shall be assigned members of staff. ##### **Art. 4** Tasks {#sec_2/art_4 omnilex-key=ch-fedlex--942.20--4} 1. The Price Supervisor shall monitor price developments. 2. He or she shall prevent or eliminate any abusive increase in or maintenance of prices. The monitoring of specific prices by other authorities remains reserved (Art. 15). 3. He or she shall inform the public about his or her activities. ##### **Art. 5** Co-operation {#sec_2/art_5 omnilex-key=ch-fedlex--942.20--5} 1. Price supervision is carried out in co-operation with interested groups. In the case of lending rates, the Price Supervisor shall in particular act after detailed consultation with the SNB and the Swiss Financial Market Supervisory Authority[^5].[^6] 2. The Price Supervisor shall work with the Competition Commission[^7]. He or she shall attend their meetings in an advisory capacity. 3. The Price Supervisor and the Competition Commission shall inform each other of important decisions. 4. If questions of personal scope (Art. 2) and effective competition (Art. 12) are to be assessed, the Price Supervisor or the competent authority (Art. 15) must consult the Competition Commission before taking a decision. The Competition Commission may publish its opinions.[^8] ## **Section 3** Measures to Prevent or Eliminate Abusive Increases in or Maintenance of Prices {#sec_3} ##### **Art. 6** Advance notification {#sec_3/art_6 omnilex-key=ch-fedlex--942.20--6} If parties to agreements affecting competition or undertakings with market power intend to increase prices, they may submit their plans to the Price Supervisor.[^9]The Price Supervisor shall declare within 30 days whether he or she considers the price increase to be unobjectionable. ##### **Art. 7** Reports {#sec_3/art_7 omnilex-key=ch-fedlex--942.20--7} Any person who suspects that the increase in or maintenance of a price is abusive may report this in writing to the Price Supervisor. ##### **Art. 8** Enquiries {#sec_3/art_8 omnilex-key=ch-fedlex--942.20--8} Based on the reports or his or her own observations, the Price Supervisor shall establish whether there are any indications of an abusive price increase or of abusive price maintenance. ##### **Art. 9** Amicable settlement {#sec_3/art_9 omnilex-key=ch-fedlex--942.20--9} If the Price Supervisor identifies abuse, he or she shall endeavour to reach an amicable settlement with the parties concerned; This does not require any special form. ##### **Art. 10** Decision {#sec_3/art_10 omnilex-key=ch-fedlex--942.20--10} If no amicable settlement can be reached, the Price Supervisor shall prohibit the increase in whole or in part or order a price reduction. ##### **Art. 11** Change in circumstances {#sec_3/art_11 omnilex-key=ch-fedlex--942.20--11} 1. The validity of the amicable settlement or the decision must be limited in time. 2. At the request of the person or undertaking concerned, the Price Supervisor shall declare the settlement or decision invalid before the expiry of the deadline if the actual circumstances have changed significantly in the meantime. ## **Section 4** Price Abuse {#sec_4} ##### **Art. 12** Competition policy principle {#sec_4/art_12 omnilex-key=ch-fedlex--942.20--12} 1. Price abuse within the meaning of this Act can only occur if the prices in the relevant market are not the result of effective competition. 2. Effective competition exists in particular if customers have the opportunity to switch to comparable offers without unreasonable effort. ##### **Art. 13** Matters requiring assessment {#sec_4/art_13 omnilex-key=ch-fedlex--942.20--13} 1. When examining whether a price has been abusively increased or maintained, the Price Supervisor must take particular account of the following: a. the development of prices in comparable markets; b. the need to make reasonable profits; c. the development of costs; d. special services provided by the businesses concerned; e. special market conditions. 2. When reviewing the costs, the Price Supervisor may also take account of the initial price. ## **Section 5** Measures for Officially Set or Approved Prices {#sec_5} ##### **Art. 14** {#sec_5/art_14 omnilex-key=ch-fedlex--942.20--14} 1. If the legislature or the executive of the Confederation, a canton or a commune is responsible for setting or approving a price increase requested by the parties to a competition agreement or a company with market power, it shall first consult the Price Supervisor.[^10]The Price Supervisor may request that a price should not be increased at all or to the extent intended or that an abusively maintained price be reduced. 2. The authority shall cite the Price Supervisor’s opinion in its decision. If it does not follow it, it shall give reasons for this. 3. When examining whether a price abuse has occurred, the Price Supervisor shall take account of any overriding public interests. ## **Section 6** Measures for Other Federal Price Controls {#sec_6} ##### **Art. 15** {#sec_6/art_15 omnilex-key=ch-fedlex--942.20--15} 1. If agreed prices or prices set by a undertaking with market power are already monitored on the basis of other provisions of federal law, the competent authority shall assess them and not the Price Supervisor.[^11] 2. The authority shall be guided by this Act insofar as this is compatible with the objectives of its supervision. 2bis. The authority shall inform the Price Supervisor of the price assessments it carries out. The Price Supervisor may request that a price increase not be made in whole or in part or that an abusively maintained price be reduced.[^12] 2ter. The authority shall cite the Price Supervisor’s opinion in its decision. If it does not follow it, it shall give reasons for this.[^13] 3. Proceedings, rights of appeal and criminal penalties are governed by the relevant federal legislation. ## **Section 7** Relationship between Investigations by the Competition Commission and Decisions of the Price Supervisor {#sec_7} ##### **Art. 16** {#sec_7/art_16 omnilex-key=ch-fedlex--942.20--16} 1. The Competition Commission may initiate investigations into agreements affecting competition or undertakings with market power, even if the Price Supervisor has reduced the price or discontinued the proceedings. 2. The Price Supervisor is reserved the right to review the abusive nature of agreed prices or prices of undertakings with market power. ## **Section 8** Duty to Provide Information, Cooperation and Confidentiality {#sec_8} ##### **Art. 17** Duty to provide information {#sec_8/art_17 omnilex-key=ch-fedlex--942.20--17} Parties to agreements affecting competition, undertakings with market power and third parties involved in the market must provide the Price Supervisor with all the information required and make the necessary documents available.[^14]Third parties are not obliged to disclose manufacturing or business secrets. ##### **Art. 18** Cooperation {#sec_8/art_18 omnilex-key=ch-fedlex--942.20--18} The Price Supervisor may request federal, cantonal and communal offices and supervisory authorities as well as business organisations to cooperate in his or her investigations and to provide the necessary documents. ##### **Art. 19** Official and business secrets {#sec_8/art_19 omnilex-key=ch-fedlex--942.20--19} 1. The Price Supervisor shall maintain official secrecy. 2. He or she may not disclose any business secrets. ## **Section 9** Rights of Appeal {#sec_9} ##### **Art. 20** Principle {#sec_9/art_20 omnilex-key=ch-fedlex--942.20--20} Rights of appeal are governed by the general provisions on the administration of federal justice. ##### **Art. 21** Right of consumer organisations to appeal {#sec_9/art_21 omnilex-key=ch-fedlex--942.20--21} Organisations of national or regional importance that are dedicated to consumer protection in accordance with their statutes have a right of appeal. ##### **Art. 22** {#sec_9/art_22 omnilex-key=ch-fedlex--942.20--22} ## **Section 10** Criminal Provisions {#sec_10} ##### **Art. 23** Use of abusive pricing {#sec_10/art_23 omnilex-key=ch-fedlex--942.20--23} 1. Any person who wilfully: a. does not implement an ordered price reduction; b. increases a price despite that being prohibited; or c. exceeds mutually agreed prices, shall be liable to a fine not exceeding 100,000 francs. 2. An attempt is a criminal offence. ##### **Art. 24** Violation of the obligation to provide information {#sec_10/art_24 omnilex-key=ch-fedlex--942.20--24} Any person who wilfully: a. fails to fulfil the duty to provide information (Art. 17); or b. provides incorrect or incomplete information, shall be liable to a fine not exceeding 20,000 francs. ##### **Art. 25** Applicability of administrative criminal law {#sec_10/art_25 omnilex-key=ch-fedlex--942.20--25} 1. The Administrative Criminal Law Act of 22 March 1974[^15]applies to the prosecution and adjudication of offences. 2. The Federal Department of Economic Affairs, Education and Research is the prosecuting and adjudicating administrative authority. ## **Section 11** Final Provisions {#sec_11} ##### **Art. 26** Enforcement {#sec_11/art_26 omnilex-key=ch-fedlex--942.20--26} 1. The Price Supervisor and the competent authorities (Art. 15) shall enforce this Act. 2. The Federal Council shall issue the implementing provisions. In particular, it may issue provisions on the coordination of the activities of the Price Supervisor and the competent authorities (Art. 15).[^16] ##### **Art. 27** Referendum and commencement {#sec_11/art_27 omnilex-key=ch-fedlex--942.20--27} 1. This Act is subject to an optional referendum. 2. The Federal Council shall determine the commencement date. Commencement date: 1 July 1986[^17] [^1]: ^^[BS **1** 3;AS **1983** 240] [^2]: ^^BBl **1984** II 755 [^3]: ^^SR **251** [^4]: ^^Term in accordance with No I 33 of the O of 15 June 2012 (Restructuring of the Departments), in force since 1 Jan. 2013 (AS **2012** 3655). This amendment has been taken into account throughout the decree. [^5]: ^^The name of the administrative unit was adapted in application of Art. 16 para. 3 of the Publication Ordinance of 17 Nov. 2004 (AS **2004** 4937). [^6]: ^^Amended by No I of the FA of 22 March 1991, in force since 1 Oct. 1991 (AS **1991** 2092;BBl **1990** I 97). [^7]: ^^Term in accordance with Annex No 3 of the Cartel Act of 6 Oct. 1995, in force since 1 July 1996 (AS **1996** 546,1805;BBl **1995** I 468). This amendment has been made throughout the text. [^8]: ^^Amended by No I of the Federal Act of 22 March 1991, in force since 1 Oct. 1991 (AS **1991** 2092;BBl **1990** I 97). [^9]: ^^Amended by Annex No 3 of the Cartel Act of 6 Oct. 1995, in force since 1 July 1996 (AS **1996** 546,1805;BBl **1995** I 468). [^10]: ^^Amended by Annex No 3 of the Cartel Act of 6 Oct. 1995, in force since 1 July 1996 (AS **1996** 546,1805;BBl **1995** I 468). [^11]: ^^Amended by Annex No 3 of the Cartel Act of 6 Oct. 1995, in force since 1 July 1996 (AS **1996** 546,1805; BBl 1995 I 468). [^12]: ^^Inserted by No I of the Federal Act of 22 March 1991, in force since 1 Oct. 1991 (AS **1991** 2092;BBl **1990** I 97). [^13]: ^^Inserted by No I of the Federal Act of 22 March 1991, in force since 1 Oct. 1991 (AS **1991** 2092;BBl **1990** I 97). [^14]: ^^Amended by Annex No 3 of the Cartel Act of 6 Oct. 1995, in force since 1 July 1996 (AS **1996** 546,1805;BBl **1995** I 468). [^15]: ^^SR **313.0** [^16]: ^^Amended by No I of the Federal Act of 22 March 1991, in force since 1 Oct. 1991 (AS **1991** 2092;BBl **1990** I 97). [^17]: ^^FCD of 16 April 1986.