Federal Act of 6 October 1995 on cartels and other restraints of competition

Article 12 Rights arising from a hindrance of competition
1 A person hindered by an unlawful restraint of competition from entering or competing in a market is entitled to request:

a. the elimination of or desistance from the hindrance;
b. damages and satisfaction in accordance with the Code of Obligations;
c. surrender of unlawfully earned profits in accordance with the provisions on agency without authority.

2 Hindrances of competition include in particular the refusal to deal and discriminatory measures.

3 The rights set out in paragraph 1 above are also accorded to persons who are hindered by a lawful restraint of competition more than is necessary for the implementation of that restraint.

21 SR 220

Article 13 Enforcement of the right to elimination and desistance
In order to enforce the right to elimination and desistance, the courts may, at the plaintiff's request, rule that:

a. any contracts are null and void in whole or in part;
b. the person responsible for the hindrance of competition must enter into contracts with the person so hindered on terms that are in line with the market or the industry standard.