Motion Gugger

The Swiss National Council has adopted a motion by Niklaus-Samuel Gugger (EVP/ZH) with a clear majority of 141 votes to 41, which aims to better protect car garages and workshops in Switzerland against the termination of their dealer and workshop contracts. The motion stipulates that such contracts may not be terminated unless the manufacturers or importers can prove that a new sales model is significantly more efficient. In addition, the motion demands that both car manufacturers and importers as well as garages must comply with antitrust law after the introduction of new distribution models.

The supporters of the motion argue that a loophole in the law has put garages at a disadvantage compared to manufacturers and importers. The Federal Council, on the other hand, rejects the motion as it sees it as a far-reaching obligation to contract that could impair economic freedom and freedom of contract. However, it emphasizes that the Cartel Act applies to all distribution models, including agency models and direct distribution. The motion will now be submitted to the Council of States for discussion.