SWITZERLAND Law and Practice Contributed by: Daniel Zimmerli, Michael Schifferli and Nathalie Herzog, Wenger Plattner
4.3 Direct/Indirect Purchasers As class action suits are not available in Switzerland, this is not applicable (see 4.2 Opting In or Out ) from a class action perspective. The current revision nev - ertheless aims to enable, for example, consumers to bring civil claims for breaches of antitrust law. This does not, however, alter the fact that Swiss law does not recognise any form of class action system. 4.4 Class Certification As class action suits are not available in Switzerland, this is not applicable (see 4.2 Opting In or Out ). 5. Choice of Jurisdiction 5.1 Rules on Jurisdiction and Applicable Law In national disputes, the Swiss Civil Procedural Code (CPC) is applicable. In antitrust litigation cases, the claimant can generally choose between the courts at the domicile of the aggrieved person, the domicile of the defendant, the place where the act took place or the place where the act had its effect (Article 36 CPC). The parties can, however, agree on a different court (Articles 17 and 18 CPC). For interim measures (see 10.1 Injunctions ), Article 13 CPC stipulates a mandatory jurisdiction at the court that has jurisdiction to decide the main action or at the place where the measure is to be enforced. In national disputes, the applicable law is always Swiss law. In international disputes, the Federal Act on Private International Law (PILA; SR 291) is generally appli - cable if no international treaty between the jurisdic - tions in question supersedes it. For antitrust as well as other tort and delict cases, the PILA provides three alternative places of jurisdiction in Switzerland: (i) the Swiss courts at the domicile (or, in the absence of a domicile, at the habitual residence) of the defendant; (ii) the Swiss courts at the place where the act took place; or (iii) the place where the result of the act had its effect. The parties can deviate from these places of jurisdiction by way of agreement.
Analogous to national disputes, for interim measures (see 10.1 Injunctions ), Swiss courts that have juris - diction over the main action or at the place where the measure is to be enforced have jurisdiction (Article 10 PILA). Switzerland is a member of the Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters of 2007 (LugC). In relation to other signatory states, the juris - diction and applicable law with regards to antitrust litigation, therefore, is determined by its provisions. It provides for a place of jurisdiction at the domicile of the defendant (Article 2 para. 1 LugC). Additionally, antitrust cases can be brought before the courts of the place where the harmful event occurred or may occur (Article 2 para. 1 LugC). This includes both the place where the act took place and the place where it had its effect (see, for example, EuGH, 30. 11. 1976, C-21/76, Handelskwekerij Bier vs. Mines de Potasse d’Alsace , Nr. 15/19 as well as decision nr. 125 III 346, para. 4a of the Swiss Federal Supreme Court). For interim measures, Article 31 LugC provides that the courts of the states that have jurisdiction over the substance of the matter have jurisdiction. The applicable law in international disputes is gov - erned by the PILA where no international treaty is applicable. Claims based on a restraint of competi - tion are governed by the law of the state in whose market the restraint has direct effects on the injured party (Article 137 para. 1 PILA). If claims based on a restraint of competition are governed by a foreign law, no compensation may be awarded in Switzer - land beyond what would be awarded for a restraint of competition pursuant to Swiss law (Article 137 para. 2 PILA). If and to what extent the parties are free to deviate from Article 137 PILA by way of agreement (Article 132 PILA) is controversial.
6. Disclosure/Discovery 6.1 Disclosure/Discovery Procedure
Swiss procedural law knows no general duty or right to discovery of all relevant information or documents between the parties. In certain instances, the party
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