Switzerland: Implemented amendment of the Swiss Unfair Competition Act including prohibition of geoblocking

On 1 January 2022, the amendment to the Unfair Competition Act (UCA) is implemented. The amendment includes a new article 3a, which prohibits geoblocking. Article 3a further prevents price discrimination toward Swiss customers on the basis of their nationality or the location of residence, business, or payment origin. Furthermore, unfair commercial practices of Art. 3a UCA further include the restriction of access to online services as well as unsolicited online redirections. The scope of Article 3a UCA is transnational commerce. However, whenever there is an objective justification, any such aforementioned behaviour will not be deemed unfair. In addition, Article 3a para. 1 UCA will not apply to services listed in Article 3a para. 2 UCA, which include financial services, gambling services and healthcare services, among others. The amendment is the end result of an initiative from 2017, which aimed to protect Swiss customers, given that Switzerland is widely considered a country with a high price level, due to retailers unilaterally increasing prices in Switzerland.