2. All agreements or decisions prohibited under this section are automatically invalidated. The proposed EU Regulation on the Protection of Competition in the Air Transport Sector, which repeals Regulation (EC) 868/2004, is also being implemented in Switzerland, in accordance with the EU-CH Convention on Air Transport. The interpretive guidelines of Regulation (EC) No. 1008 / 2008 – EU air carrier ownership and control rules of 16 June 2017 are likely to be taken into account by the Swiss authorities, although they are not yet formally applicable. On 17 December 2018, the UK and Switzerland signed an agreement to avoid an air traffic disruption between the two countries after Brexit. Switzerland is a democratic state with a modern society and a progressive and open economy. Although it is geographically at the centre of Europe, it is not a member of the European Union or the European Economic Area, but of the European Free Trade Association (EFTA). The EU and its Member States are Switzerland`s main trading partners. This is why close cooperation with the EU and its Member States is essential for Swiss politics and economy.
Cooperation has been institutionalised with bilateral agreements between Switzerland and the EU, which cover various areas, including air transport (2). – agreement on certain aspects of public procurement, 1. In the event of incompatibility with this agreement, the following provisions are prohibited: Decisions by business associations and concerted practices that may affect the exchanges between the parties and have the purpose or effect of preventing, to restrict or distort competition in the territory covered by this agreement, including those which: 2. The competent Swiss authorities immediately inform the Agency and the Commission of the facts or suspicions that have led to their notification of irregularities in the conclusion and implementation of the acts covered in this decision. Prior to the signing of the Air Services Agreement in 1999, Switzerland had a large number of individual air services agreements with almost all EU Member States. These bilateral agreements are now being replaced by the air services agreement with the EU. The provisions of previous agreements now apply only if their scope or the rights they have established are more than those of the air services agreement between Switzerland and the EU. Swiss competition law prohibits agreements or practices that eliminate or significantly limit trade without economic impact. Businesses – but not individuals – can be fined heavily for anti-competitive behaviour.