• The Pfister motion aimed to strengthen the protection of car dealers and service providers in Switzerland by safeguarding them from unfair practices by car importers and manufacturers. Specifically, the motion called for binding rules on termination protection (at least 2 years of protection, Art. 8 KFZV) and contract design (e.g., allowing multi-brand distribution, Art. 7 KFZV).
• As a result, the Federal Council transferred the so-called car announcement (KFZ-Bek 19) of the Competition Commission (WEKO) into a legally binding ordinance (KFZV) as of January 1, 2024.
• This change is a major success for Swiss garage owners: The dealer protection provisions are now binding for all courts and authorities, ensuring their rights to termination protection, multi-brand distribution, access to diagnostic devices and tools, etc.

• Motion text (18.3898 | Effective Enforcement of the Cartel Act in the Motor Vehicle Trade | Business | The Swiss Parliament)
• Federal Council’s statement (18.3898 | Effective Enforcement of the Cartel Act in the Motor Vehicle Trade | Business | The Swiss Parliament)

Motion 22.3838 – Protection of Genuine Agents

Motion 22.3838 aimed to place (genuine) agency agreements under the protection of the Cartel Act and the Motor Vehicle Ordinance (KFZV, dealer protection provisions). Currently, genuine agents are not protected under antitrust law, meaning that suppliers (importers and manufacturers) can make the following agreements without antitrust consequences:

• Termination terms according to the Swiss Code of Obligations: usually 2 months (→ by comparison: under the KFZV, a termination protection period of 2 years applies!)
• Standardization of retail prices for Swiss end customers (→ exacerbating the “high-price island” issue in Switzerland)
• Ban on parallel imports
• Ban on multi-brand distribution

The goal is now to ensure that genuine agents are also covered by the Cartel Act and the KFZV. The motion sought to ensure that suppliers can no longer unilaterally dictate terms before introducing an agency model: they must prove to the dealer that the genuine agency agreement is more efficient than the traditional distribution model. This guarantees a fair transition in sales structures. The changes to the Cartel Act demanded by the motion are therefore intended to strengthen the position of Swiss car dealers vis-à-vis their powerful suppliers.

Success in the Council of States and Antitrust Reform

On March 19, 2025, the Council of States adopted the Gugger motion by 35 votes to 6, marking an important step toward better protection for Swiss car dealers. In parallel, the partial revision of the Cartel Act (Cartel Act Revision (2023)) is progressing. This revision could serve as an opportunity to implement the demands of the motion.

• Parliamentary Debate:
  • National Council: Motion adopted with 141 to 41 votes on February 28, 2024 (Link to results)
  • Council of States: Motion adopted on March 19, 2025, with 35 votes to 6 and one abstention (Results)
• Motion text: Link to motion text
• Federal Council’s statement: Link to statement
• Current status: Referred to the Federal Council.

With this political debate, the Swiss Parliament has demonstrated its commitment to the domestic motor vehicle trade. This marks another significant step toward protecting Swiss dealers and strengthening competition in Switzerland.