Tasks
The AFTA supervises compliance with competition law on the basis of the Competition Ordinance, and with consumer law on the basis of the National Ordinance on Administrative Enforcement of Consumer Protection. In addition, the AFTA is authorised to enter into cooperation protocols with various institutions. A healthy economy is a fair economy. Consumers and businesses must be able to trust that markets function well. The AFTA understands this better than anyone. We protect businesses and consumers against unfair competition and misleading practices. We do this by checking whether companies comply with the rules and do not disadvantage anyone.
If companies violate the rules, the AFTA can intervene — for example by imposing an order subject to a penalty or an administrative fine. But we also explain the applicable rules and aim to communicate them clearly in advance.
Powers
The AFTA’s powers relate to investigation and enforcement. These powers are established in the Competition Ordinance and the National Ordinance on Administrative Enforcement of Consumer Protection. These rules determine what the AFTA is authorised to do in order to conduct effective investigations and to compel businesses to comply with the law.
Investigations
The AFTA may launch investigations on the basis of, for example, concrete reports. These (anonymous) reports may reach the AFTA through the AFTA website, the ConsuLoket or in other ways. Concrete complaints or publicly available information may also trigger an investigation. Investigations may be conducted using a risk‑based approach. This means that more attention is given to enterprises and sectors that present a higher risk of anticompetitive conduct.
For consumer rights, the AFTA also looks at the potential harm to consumers resulting from possible violations. Cases with greater consumer harm may be prioritised.
When we start an investigation, our staff members have several powers.
Our staff members may:
- enter premises;
- request information;
- demand access to and inspect documents; and
- take copies or seize data.
These powers apply not only to business premises but also to private homes. Everyone is legally obliged to cooperate with our investigations. If the AFTA encounters correspondence between a lawyer and their client, we exclude this from the investigation due to legal professional privilege — whether it is found at a law firm or at a company location.
In addition, the AFTA makes use of public information in its investigations, such as information available online or obtained from publicly accessible locations, such as shops.
Enforcement
If companies do not comply with the rules, the AFTA has several legal instruments at its disposal to compel them to do so. The AFTA has the authority to impose administrative fines, orders subject to a penalty, and/or binding directions. These measures may apply both to the company and to individuals involved. The AFTA does not use these powers lightly and must always adhere to the general principles of good governance.
The amount of a fine depends, for example, on the seriousness and duration of the violation, as well as on the specific circumstances of the case. If there are repeated violations or obstruction of the investigation, the fine will be higher. However, a fine may also be lower, for example if affected parties receive compensation from the offender. This is beneficial not only for the offender but also for other businesses. The fines imposed by the AFTA are published on our website.
Competition
As an entrepreneur, you want to offer good products and services to your customers — and earn a fair return. By competing honestly and treating customers well, you remain focused on price and quality. After all, you want your customers to be satisfied and to return. But if your suppliers make secret agreements among themselves about, for example, prices, this distorts competition and is therefore prohibited. Secret agreements between companies about who gets which contract are also forbidden.
Companies can contact the AFTA as the supervisory authority with signals about other businesses that are not complying with the rules. You can report a tip or concern here (link).
Reporting a merger or acquisition
If companies or organisations intend to merge, they must notify the AFTA in advance. Report a merger or acquisition here.
Consumers
The AFTA informs consumers about their rights and how they can exercise those rights. Whether you are buying shoes, a television or an air conditioner, signing up for a phone plan, or hiring a handyman, the AFTA wants you to be able to make purchases with confidence. The AFTA provides practical information about consumer rights through its digital information portal for consumers: the ConsuLoket.
Businesses can visit the AFTA website for information about their obligations under consumer protection law.
On the Consuloket you will find extensive information about your rights as a consumer. Do you believe a business is not complying with the rules? Then you can report this to us. Your report helps us check whether companies are following consumer protection rules. The AFTA uses these reports to determine where intervention is needed. The AFTA enforces only collective consumer rights. This means that the AFTA can act only in cases where multiple consumers are affected, or where there is a risk that a large group may be harmed.
If companies violate the rules, the AFTA can take action — for example by issuing an order subject to a penalty, imposing an administrative fine, or warning companies about misleading or harmful commercial practices. The ConsuLoket also explains the rules that exist to protect consumers.
If you still have questions after reading the information on the AFTA’s Consuloket, or if you need individual advice about your specific situation, please fill in this form. You will then receive a response from DEACI, the Department of Economic Affairs, Commerce and Industry. This government authority is responsible for handling individual consumer questions and complaints.
Publicity
The AFTA may also issue public warnings to companies that violate either the Competition Ordinance or the National Ordinance on Administrative Enforcement of Consumer Protection. The AFTA does so when this is effective in encouraging companies to stop the violation.
The AFTA may issue a public warning even before it has formally established a breach of consumer law.
This is only permitted when it is necessary to inform consumers quickly and clearly about a harmful commercial practice and to prevent further harm. In addition, the AFTA publishes its decisions — as much as possible with the names of the companies involved — in order to properly inform the public.
