Sr 241 Federal Law Of December 19, 1986 Against Unfair Competition (Lcd)

Original Language Title: RS 241 Loi fédérale du 19 décembre 1986 contre la concurrence déloyale (LCD)

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241 Federal Act against unfair competition (LCD) of December 19, 1986 (status on December 31, 2015) the Federal Assembly of the Swiss Confederation, view the art. 95, al. 1, 96, 97, al. 1 and 2, and 122, al. 1, of the Constitution, given the message of the federal Council on 18 May 1983, stop: Chapter 1 purpose art. 1. this Act is intended to ensure, in the interest of all parties concerned, a fair competition and that is not distorted.

Chapter 2 provisions of civil law and law of procedure Section 1 unlawfulness of unfair competition article 2 principle is unfair and illegal all behavior or practice commercial which is misleading or in any other way which contravenes the rules of good faith and that influences the reports between competitors or between suppliers and customers.

Art. 3 unfair advertising and sale and other illicit behavior methods is how unfair the who, including: a. denigrates others, his goods, his works, its services, its price or its business by inaccurate, misleading or unnecessarily hurtful allegations; b. suggests inaccurate or misleading on himself, his business, his reason to trade, its goods, its works, its benefits , its price, its stocks, its methods of selling or its business, or who, by such allegations, benefit others compared to their competitors; c. wears or uses securities or inaccurate professional designations, which are likely to make distinctions or special abilities; d. takes measures that are likely to create confusion with the goods , works, services or the Affairs of others; e. compares, way inaccurate, misleading, unnecessarily offensive or parasitic his person, his goods, his works, its services or its prices with ones or those of a competitor or which, by such comparisons, benefit others compared to their competitors; f. offers, repetitive way, below their cost price, a choice of goods works or services and puts this offer particularly in value in its advertising, thus deceiving customers about his own abilities or those of its competitors. the deception is presumed when the selling price is lower than the cost price for comparable purchases of goods, works or of benefits of the same nature; If the defendant can establish effective cost, it is decisive for the judgment; g. wrong, by premiums, the customer on the value of its offer; h. hinders the freedom of decision of the customer using particularly aggressive sales methods; i. wrong customer by illusion on the quality, quantity, usability the utility of goods, works or services or concealing the dangers they present; k. omits, in public announcements in consumer credit, to designate clearly his reason to trade, or to give clear indications on the net amount of the credit, the annual percentage rate of charge and the total cost of the credit; l. omits, in public announcements on credit consumption on goods or services to designate clearly his reason to trade, to give clear indications on the selling price cash, the price of sale resulting from the credit agreement and the annual percentage rate of charge; Mr. offers or concludes, in a business, a contract of credit consumption using contract formulas that contain incomplete or inaccurate information on the object of the contract , price, terms of payment, the duration of the contract, the right of revocation or termination of the customer or the right to pay the balance by anticipation; n. fails in public announcements on consumption (let) k credit or credit for consumption goods or services (let. l) noted that the granting of a credit is not allowed if it causes the consumer overindebtedness; o. send or send, by telecommunication, of mass advertising having no direct connection with requested information and fails to require prior consent of the customers, mention correctly the transmitter or to inform them of their right to oppose free and easily; who got the coordinates of its customers when selling goods, works or services and told them that they could oppose the sending of mass by telecommunication advertising does not unfairly if their address such advertising without their consent, as long as this advertising for goods, works and services own similar; p. advertises through offer forms proposals for correction or other means, for inclusion in directories of any kind for the publication of advertisements, or directly offers this entry or publication, without reference to the following great characters, a conspicuous place and in understandable language: 1 its expensive and private supply, 2. the duration of the contract, 3. the total price for the duration of the contract 4. the geographical spread, shape, the minimum draw and the date limit of the publication of the directory or announcement;

q. sends invoices for an entry in directories of any kind or advertisements without having received the mandate; r. subordinates the delivery of goods, the distribution of premiums or the granting of other benefits to conditions including the advantage to the buyer depends on the recruitment of others rather than the sale or use of goods or services (the snowball system (, of the avalanche or the pyramid); s. offers goods, works or services through e-commerce without the following conditions: 1. indicate clearly and complete its identity and its contact address, including electronic mail, 2 indicate the different technical steps leading to the conclusion of a contract, 3 provide technical tools to detect and correct the errors before sending an order 4. confirmation of the customer by e-mail without delay;

t. as part of a contest or a draw to the fate, promises a gain validation is related to the use of a toll number of value-added service, to the payment of compensation for expenses, the purchase of a good or service, participate in a trade event or a commercial trip or participate in another draw to fate; u. is not the reference contained in the directory indicating that a customer does not wish receive advertising messages from third party and that the data cannot be disclosed for purposes of direct advertising marketing.

The al. 1, let. s, does not apply to voice telephony and to contracts concluded only by the exchange of emails or similar means of communication.

New content according to chapter I of the Federal ACT of 24 March 1995, in force since Nov. 1. 1995 (RO 1995 4086; FF 1994 III 449).
New content according to section II 2 of Schedule 2 to the Federal ACT of 23 March 2001 on credit consumption, in force since Jan. 1. 2003 (RO 2002-3846; FF 1999 2879).
New content according to section II 2 of Schedule 2 to the Federal ACT of 23 March 2001 on credit consumption, in force since Jan. 1. 2003 (RO 2002-3846; FF 1999 2879).
New content according to chapter II of the Federal ACT of 13 Dec. 2013 (repeal of the provisions on the sale with pre-payments), in effect since July 1. 2014 (2014 869 RO; FF 2013 4139 5221).
Introduced by section II 2 of Schedule 2 to the Federal ACT of 23 March 2001 on credit consumption, in force since Jan. 1. 2003 (RO 2002-3846; FF 1999 2879).
Introduced by section 1 of the annex to the law of 24 March 2006, in force since April 1, 2007 (RO 2007 921; FF 2003-7245).
Introduced by chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).
Introduced by chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).
Introduced by chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).
Introduced by chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).
Introduced by chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).
Introduced by chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).
Introduced by chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).

Art. 4 incitement to violate or terminate a contract is how unfair the who, including: a. encourages a customer to break a contract to be concluded with him; b... .c. Encourages workers, agents or auxiliaries to betray or to surprise trade secrets or of their employer or mandator; d. makes a consumer who has concluded a contract of credit consumption to revoke this contract to conclude such a contract itself with him.

Repealed art. 2 No 1 of the AF of 7 October. 2005, approval and implementation of the Conv. criminal of the Council of Europe on corruption and his Prot. Add., with effect from July 1. 2006 (RO 2006 2371; FF 2004 6549).

New content according to chapter II of the Federal ACT of 13 Dec. 2013 (repeal of the provisions on the sale with pre-payments), in effect since July 1. 2014 (2014 869 RO; FF 2013 4139 5221).

Art. 4aCorruption active and passive is the way unfair one that: a. will be offered, promised or granted an undue advantage to an employee, a partner, an agent or other officer of a third of the private sector, for that person or for a third party, for the performance or omission of an act in relation to his professional or commercial activity and which is contrary to its duties or dependent of his discretion; (b) as an employee as associated, as agent or other officer of a third of the private sector, will be sought, have made promise or accepts, in its favour or in favour of a third party, an unfair advantage for execution or omission of an act in relationship with his professional or commercial activity and which is contrary to its duties or depends on discretion.

Are not undue benefits those who agreed by contract as well as those who, of low magnitude, conform to social uses.

Introduced by art. 2 No 1 of the AF of 7 October. 2005, approval and implementation of the Conv. criminal of the Council of Europe on corruption and his Prot. Add., in effect since July 1. 2006 (RO 2006 2371; FF 2004 6549).
The Erratum of the CdR of the SSA. fed. Dec 10. 2015, published Dec. 31. 2015 only concerns the Italian text (RO 2015 5999).

Art. 5 operation of a service of others is how unfair the who, including: a. operates improperly the result of a job that has been entrusted to him, for example offers, calculations or plans; b. uses the result of the work of a third party, for example offers, calculations, or plans, well knowing that this result was awarded or accessed improperly rendered; c. resumes through technical reproduction and without sacrifice matching the result of work of a third loan to be placed on the market and operates it as such.

Art. 6 violation of manufacturing or business secrets is way unfair who especially, exploits or divulges secrets of manufacturing or business he surprised or for which there has been unduly knowledge in another way.

Art. 7 failure to comply with the conditions of work is how unfair the which, notably, does not observe legal or contractual working conditions which are also imposed on competition or which are consistent with professional or local uses.

Art. 8Utilisation of unfair trading conditions is unfair that that particular uses general terms which, in contradiction with the rules of good faith provide, at the expense of the consumer, a significant and unjustified disproportion between the rights and obligations arising from the contract.

New content according to chapter I of the Federal ACT of June 17, 2011, in effect since July 1. 2012 (2011 4909 RO; FF 2009 5539).

Section 2 provisions of procedure art. 9 quality to act one undergoing a breach in its clientele, its credit or professional reputation, its business or its economic interests in general or one who is threatened, by an act of unfair competition, may apply to the judge: a. to prohibit it, if it is imminent; b. to stop, but if she continues; c. see unlawful If the disorder she created remains.

In particular, it may request a correction or that the judgment be communicated to third parties or published.
It may also, in accordance with the code of obligations, bring actions for damages and compensation for moral harm, as well as require delivery of the gain according to the provisions on business administration.

New content according to ch. II 15 of Appendix 1 CPC Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
RS 220 art. 10 quality for customers, organizations and the Confederation Act the actions provided for in art. 9 may also be brought by clients whose economic interests are threatened or harmed by an act of unfair competition.
The actions provided for in art. 9, al. 1 and 2, may also be brought by: a. professional associations and trade associations that their statutes permit to defend the economic interests of their members; b. organizations of national or regional significance by statute dedicated to the protection of consumers; c....

The actions provided for in art. 9, al. 1 and 2, may also be brought by the Federal Government if it deems it necessary for the protection of the public interest, including in the following cases: a. the Switzerland's reputation abroad is threatened or suffers an attack and people whose economic interests are affected reside abroad; b. the interests of many people, the interests of a group of people belonging to an economic sector or other collective interests are threatened or suffer a breach.

When the protection of the public interest so requires, the federal Council can inform the public of the unfair practices of a company citing it by name. When there is more public interest, communications in questions are deleted.
Where an action is brought by the Federal Government, this Act is applicable imperatively in accordance with art. 18 of the Federal Act of 18 December 1987 on private international law.

New content according to ch. II 15 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
Introduced by chapter I of the Federal ACT of 20 March 1992 (RO 1992 1514; 1992 I 339 FF). Repealed by chapter I of the Federal ACT of June 17, 2011, with effect from April 1, 2012 (RO 2011 4909; FF 2009 5539).
Introduced by chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).
Introduced by chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).
RS 291 introduced by chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).

Art. 11 actions against the employer when the Act of unfair competition was committed by an employee or other officer in the performance of his work, the actions provided for in art. 9, al. 1 and 2, may also be brought against the employer.

Art. 12 and 13 repealed by section II 15 of annex 1 to the CPC on Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 13aRenversement of the burden of proof the judge may require the advertiser provides evidence concerning the accuracy of the material of the factual data contained in advertising if, taking into account the legitimate interests of the advertiser and any other party to the proceedings, such a requirement appears appropriate in this case.
...

Introduced by chapter I of the Federal ACT of 18 June 1993, in effect since April 1, 1994 (RO 1994 375; 1993 I 757 FF).
Repealed by no II 15 of annex 1 to the CPC of Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).

Art. 14 and 15 repealed by section II 15 of annex 1 to the CPC on Dec. 19. 2008, with effect from Jan 1. 2011 (2010 1739 RO; FF 2006 6841).

Chapter 3 administrative law provisions art. Actually 16 obligation to indicate the price except exception provided by the federal Council, the price to pay for the goods offered to the consumer must be indicated. Exceptions are particularly eligible for technical reasons or safety. The same obligation applies to the services designated by the federal Council.
The federal Council shall regulate the indication of prices and tips.
...

New content according to art. 26 of the Federal ACT of 17 June 2011 on metrology, in force since Jan. 1. 2013 (2012 6235 RO; FF 2010 7305).
Repealed by art. 26 of the Federal ACT of 17 June 2011 on metrology, with effect from Jan 1. 2013 (2012 6235 RO; FF 2010 7305).

Art. 16aIndication the unit price for the goods and services of measurable quantity and the price must be indicated for goods and measurable services offered to the consumer, as well as the unit price to enable comparison.
The federal Council may issue prescriptions which, if implemented, provide to indicate the unit price.

Introduced by art. 26 of the Federal ACT of 17 June 2011 on metrology, in force since Jan. 1. 2013 (2012 6235 RO; FF 2010 7305).

Art. 17 indication of prices in advertising when prices or price reductions are mentioned in advertising, their indication must comply with the rules laid down by the federal Council.

Art. 18 misleading price indication it is forbidden to use misleading error processes for: a. indicate prices; b. announce FM price reductions. mentioning other prizes in addition to the price actually.

Art. 19 duty to provide information insofar as requires it the establishment of the facts, the competent organs of the cantons can request information and request documents.
Are subject to the obligation to inform: a. persons and companies who offer goods to the consumer, producers or trading or buy them; b. the people and companies that offer services, provide them, provide them or make use; c. the economy organisations; (d) organizations of national or regional significance by statute dedicated to protecting consumers.


The duty to provide information is thrown if the statements can be refused under art. 42 of the federal civil procedure act of 4 December 1947.
The provisions of the code of criminal procedure of October 5, 2007 and the cantonal provisions on administrative procedure are reserved.

SR 273 RS 312.0 new content according to ch. II 7 of annex 1 to the PPC from 5 oct. 2007, in force since Jan. 1. 2011 (2010 1881 RO; FF 2006 1057).

Art. 20 execution execution is the responsibility of the cantons, supervision to the Confederation.
The federal Council shall issue implementing provisions.

Chapter 3a Collaboration with foreign supervisory authorities art. 21Collaboration the competent federal authorities for the execution of this Act may collaborate with the competent foreign authorities and organizations or international bodies, in particular to coordinate their investigations, under the following conditions: a. the fight against unfair trade practices requires it; (b) the foreign authority, international organization or the international agency is bound by secrecy or subjected to an equivalent duty of confidentiality.

The federal Council may conclude international treaties of cooperation with foreign supervisory authorities in order to combat unfair commercial practices.

New content according to chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).

Art. 22Communication of data federal authorities for the execution of this Act may, as part of the collaboration under art. 21, communicate to the foreign authorities and organizations or international bodies of data including: a. persons who took part in an unfair trade practice; b. to send advertising letters, and other documents that demonstrate the existence of an unfair commercial practice; c. the financial terms of the transaction; d. the closure of post office boxes.

They can communicate data if the recipients ensure they grant reciprocity and will treat the data that to combat unfair commercial practices. Art. 6 of the Federal law of June 19, 1992, on the protection of data is reserved.
When the recipient of the data is an organization or an international body, the data can be communicated even if it does not grant reciprocity.

New content according to chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).
RS 235.1 Chapter 4 provisions criminal art. Unfair 23Concurrence anyone, intentionally, is guilty of unfair competition within the meaning of art. 3, 4, 4A, 5 or 6 is on complaint, punished by a custodial sentence of more than three years or a monetary penalty.
May complain who has standing to bring a civil action under art. 9 and 10.
In the procedure, the Confederation has the same rights as a complainant.

New content according to art. 2 No 1 of the AF of 7 October. 2005, approval and implementation of the Conv. criminal of the Council of Europe on corruption and his Prot. Add., in effect since July 1. 2006 (RO 2006 2371; FF 2004 6549).
New content according to art. 333 CC, in the content of the Federal ACT of 13 Dec. 2002, in force since Jan. 1. 2007 (2006 3459 RO; FF 1999 1787).
Introduced by chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).

Art. 24 breach of the obligation to indicate the price to the consumer anyone intentionally: a. violates the duty to indicate prices (art. 16) and the unit price (art. 16A); b. contravenes the provisions on the indication of prices in advertising (art. 17) c. price of misleading way (art. 18); d. does not meet the obligation to provide information with a view to establishing the facts (art. 19); e. contravenes the implementing provisions of Council federal relating to the indication of the price and the indication of the unit price (art. 16, 16A and 20);

is punished by the fine of up to 20,000 francs.
If the author has acted negligently, the sentence will be fine.

New content according to art. 26 of the Federal ACT of 17 June 2011 on metrology, in force since Jan. 1. 2013 (2012 6235 RO; FF 2010 7305).
New content according to art. 26 of the Federal ACT of 17 June 2011 on metrology, in force since Jan. 1. 2013 (2012 6235 RO; FF 2010 7305).
New content according to art. 333 CC, in the content of the Federal ACT of 13 Dec. 2002, in force since Jan. 1. 2007 (2006 3459 RO; FF 1999 1787).

Art. 25 repealed by no I of the Federal ACT of 24 March 1995, with effect from Nov. 1. 1995 (RO 1995 4086; FF 1994 III 449).

Art. 26 offences in the art business. 6 and 7 of the Federal law of March 22, 1974 on administrative penal law shall apply to offences committed in a company, by an agent, etc.

RS 313.0 art. 27 prosecution prosecution is the responsibility of the cantons.
The cantonal authorities communicate in full shipment, immediately and free of charge, judgements, administrative decisions and orders of dismissal to the public prosecutor of the Confederation and the federal Department of the economy, training and research.

New expression according to clause I 5 O to 15 June 2012 (reorganization of departments), in force since Jan. 1. 2013 (2012 3655 RO).
New content according to chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).

Chapter 5 provisions final art. 28 repeal of the federal law, the Federal law of September 30, 1943, on unfair competition is repealed.

[RS 2 945; RO 1962 1082 art. 2, 1970-308, 1978 2057] art. 29 referendum and entry into force the present law is subject to optional referendum.
The federal Council shall determine the date of entry into force.

Date of entry into force: 1 March 1988 1988 RO 223 RS 101 new content according to chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).
FF 1983 II 1037 new content according to ch. II 15 of annex 1 to the CPC on Dec. 19. 2008, in force since Jan. 1. 2011 (2010 1739 RO; FF 2006 6841).
New content according to chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).
New content according to chapter I of the Federal ACT of June 17, 2011, in force since April 1, 2012 (RO 2011 4909; FF 2009 5539).
ACF 14 Dec. 1987 State July 1, 2014