Sustainability and Competition Law in Switzerland

This chapter examines the intersection between sustainable development and Swiss competition law. It considers the impact of sustainable development initiatives on competition and their justification on environmental grounds, in particular under Article 5(2) of the Swiss Cartel Act. It describes Switzerland's commitment to sustainable development in line with the global sustainable development goals. Although Swiss competition law does not contain explicit provisions on sustainable development, it is guided by constitutional principles. The chapter analyses specific cases, highlighting the interaction between sustainability and the application of competition law, whether as a defensive "shield" or as a challenging "sword" against anti-competitive behaviour in the context of sustainability initiatives. While there has been a limited focus on sustainability cases in Swiss competition law, recent legal developments in the areas of public procurement and sustainable finance demonstrate the growing importance that Switzerland attaches to sustainability objectives.