Weko: Market access is hindered

The Competition Commission (Comco) has carried out spot checks in the cantons of Berne, Vaud and Ticino to determine whether the cantonal administrative practices regarding the market approval of providers from outside the canton meet the requirements of the Federal Law on the Internal Market (BGBM). The three Weko investigations had shown that the intercantonal free movement of health care professions functioned well. On the other hand, the cantons did not consistently apply the internal market law in the case of private security services, the hotel and restaurant industry, craftsmen, the construction industry, architects, etc. The Weko studies showed that intercantonal freedom of movement worked well in the case of health professions. Different cantonal regulations lead to restrictions on market access and hinder the change of canton or the exercise of activities throughout Switzerland, the commission writes.

Three recommendations 

The BGBM ensures that companies and self-employed persons who have a license in one canton can carry out their business activities throughout Switzerland. Market access must not be blocked or hindered by cantonal or communal regulations. Licensing applications from companies outside the canton must be assessed in a simple, rapid and free procedure, according to the Weko.

It has made recommendations to the three cantons on how the licensing procedure for companies outside the cantons should be structured in accordance with internal market law. The recommendations are not legally binding for the cantons. However, the affected parties and the Comco can appeal against specific decisions on licensing by the cantons if these decisions violate the BGBM, according to the press release.

The recommendations are intended for all cantons to review their licensing practices from the BGBM perspective. The suggestions can be found on the website at: www.weko.admin.ch > News > Latest decisions.