Originally published in the ABA International Antitrust Bulletin 2012 Volume 4 under the title “New Competition Cooperation Agreement between the European Union and Switzerland: A second generation Agreement and a door opened towards confidential information exchange” Introduction No one contests that effective international cooperation among competition agencies is becoming increasingly important given the growing number of agencies companies have to deal with worldwide [1]. One of the constraints on effective international cooperation in enforcement cases is the inability to exchange confidential information without obtaining a waiver from the parties. While this might often not be an issue in merger cases where waivers are routinely granted, it can be a serious constraint in conduct
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The EU and Switzerland set up the framework for possible future exchanges of information between their respective agencies
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