Federal Council refrains from tightening the UWG

The Federal Council decided on Wednesday not to enact a special provision against parasite advertising. The majority of cantons and political parties had spoken out against such a plan.


On Wednesday, the Federal Council took note of the consultation report on the amendment of the Unfair Competition Act (UCA) and decided not to enact a special provision against parasite advertising. In doing so, it backed down and did not respond to UEFA's demands (see ). An amendment to the UWG was planned. The Federal Council had its sights set on companies that advertise their products with Euro 08 but are neither sponsors nor have permission from the organizer to do so. The majority of cantons, political parties and affected organizations had spoken out against such a provision in the consultation process. They considered the proposed legislation to be too vague and described it as unnecessary. There is a general clause against deception in the UCA, which would also cover parasite advertising - also known as ambush or free-rider marketing. The Federal Council shares this view. Furthermore, it was stated in the consultation that the victims of such a revision would be small and medium-sized companies that could not afford sponsorship. Organizers of major events, sports associations and six cantons gave the draft a positive assessment.

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