SLK: Self-regulation is the trend
The Swiss Fair Trading Commission (SLK) has presented its new policy paper, in which it emphasizes self-regulation. According to the SLK, self-regulation offers numerous advantages over the judicial system.
The OECD supports them. The EU supports them. The Federal Council supports it. We are talking about out-of-court dispute resolution or self-regulation by the business community. Because the advantages over the judiciary are convincing: low-threshold access, low costs, fast processing, relief for the courts. The only Swiss institution in the field of consumer law that meets all these conditions is the Swiss Commission for Fairness.
On May 6, CVP National Councilor Christine Bulliard-Marbach (pictured), President of the Swiss Fairness Commission since 2012, presented the new policy paper (PDF download) of the SLK to the media. The occasion for this was the debate of the National Council in their special session on the new Federal Consumer Credit Act (KKG) on May 8. Contrary to the original intention of the parliamentary initiative "No advertising for small loans", the Economic Commission of the National Council WAK-N has, as is well known, proposed in its draft a self-regulation of the industry instead of a general ban. The affected Association of Swiss Credit Banks and Financing Institutions (VSKF) has proposed the Fairness Commission as the arbitration court for compliance with the convention.
Important alternative to going to court
"The SLK is the only out-of-court institution in Switzerland in the field of consumer law that meets the requirements for Alternative Dispute Resolution (ADR) under EU law," explains National Councilor Bulliard-Marbach. "These include independence, transparency, equal composition, adversarial procedure, efficiency and legality." The Fairness Commission enjoys the greatest acceptance far beyond the communications industry and is even recognized as an important authority in doctrine and jurisprudence. "We are convinced," the SLK president continued, "that we can be an important alternative to going to court, not only in the KKG, but also in other areas. In the future, we want to bring this expertise more strongly into the political consensus-building process." For many years now, the Fairness Commission has - in addition to its actual field of activity, the assessment of complaints against unfair commercial communication - successfully acted as a court of arbitration in disputes relating to the advertising of alcoholic beverages and tobacco products as well as direct marketing.
