RA, Master in Law and Economics
041 229 5343
cyrill.schaeke @ unilu.ch
Frohburgstrasse 3, 6002 Luzern, Raum 4.B52
In 2013 Cyrill Schäke finished his studies in law and economics at the University of St. Gallen. After having graduated he interned at the Swiss Competition Commission (12 months) and the II. division of the Federal Administrative Court (9 months). In 2016 he received the admission to the bar of the canton of St. Gallen. Since November 2016 Cyrill Schäke works as scientific assistant and Ph.D. candidate at the chair of Prof. Dr. Nicolas Diebold at the University of Luzern.
Abstract – Filing for bonus in the cartel law proceeding
The Swiss law on cartels and other restraints of competition provides a leniency program with the opportunity to apply for complete or partial immunity from a sanction by means of reporting an unlawful restriction of competition. To obtain a bonus of this kind, the undertaking concerned inter alia needs to submit certain information and proof of the notified restraint of competition to the competition authority (article 49a paragraph 2 Cartel Act [CartA] in conjunction with article 8 – 14 Cartel Act Sanctions Ordinance [CASO]).
The dissertation analyses this filing for bonus in the cartel proceeding. The focus lies on the one hand on the substantive conditions for obtaining the bonus and on the other hand on the associated procedural rights and obligations of the parties.
The aim of the dissertation project is to find out, in what legal framework the filing for bonus is processed and which legal implications come along with such an attribution. At the centre of attention is the filing party’s duty to cooperate.
Methodically the legal framework for the law on cartels and other restraints of competition is illustrated and applied on the filing for bonus in the cartel law proceeding.