In an increasingly uncertain international environment, the question of how to create a reliable and innovation-friendly regulatory framework is gaining importance. The first edition of the SwissHoldings Legal Talks, held on March 26, 2026, in Bern, focused on the topic “The Legal Environment as a Location Factor: Targeted Reforms for a Competitive Switzerland.” Legal certainty is a central prerequisite for investment, innovation, and long-term location decisions.

With the Side-by-Side package, the OECD is strengthening the minimum taxation while offering new flexibilities. US companies are effectively exempted through recognition of the American system. Other countries can benefit from administrative simplifications and the new possibility of substance-based tax credits. The package offers opportunities for Switzerland, as it allows for OECD-compliant deductions of wage costs and investments. The question now is what tax policy strategy it intends to pursue in international competition.

The Council of States has approved the motion on “Legal certainty in the implementation of the OECD minimum tax,” after the National Council had already endorsed an identical motion at the beginning of the week. The motions pose serious risks for Switzerland as a business location and for Swiss companies. SwissHoldings is therefore calling for forward-looking, internationally compatible implementation and targeted measures to strengthen Switzerland’s attractiveness as a business location in the long term.

The Council of States today resolved the last outstanding difference regarding the partial revision of the Cartel Act. It has adopted the balanced compromise proposal put forward by the National Council. SwissHoldings expressly welcomes this decision. Going forward, the Competition Commission must base its assessments consistently on the actual impact of a case. This strengthens legal certainty and creates the basis for dynamic and strong competition. The matter will now go to a final vote. As we look ahead to the coming year, the institutional reform is now taking center stage.

The introduction of class actions has been discussed in Switzerland for over ten years. Yesterday’s decision by the Council of States to vote against the proposal means it is now off the table. Among other things, this was due to fears of high risks of abuse, a possible overloading of the courts and negative effects on the established culture of litigation. SwissHoldings welcomes this decision, which ensures legal certainty and continuity.

The Legal Affairs Committee of the Council of States voted against introducing class action lawsuits into Swiss law last week. SwissHoldings welcomes this clear decision. Instead of a risky system change, the focus should be placed on proven instruments such as mediation and ombudsman procedures. To achieve this, the committee has adopted a corresponding postulate.