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HomePROGTDTPractice Guides

Practice Guides

Swiss M&A

Contributing editors:
Ueli Studer, Kelsang Tsün and Joanna Long
UBS AG
Published June 2022

GTDT Practice Guides provide topical analysis of key trends, opportunities, challenges and risks representing significant regional interest or concern across a range of industries and work areas. Updated annually, the Practice Guides present accessible insight into those issues transcending geographical borders and impacting strategic decision making at an international level.

Introduction

Ueli Studer, Kelsang Tsün, Joanna Long
UBS AG

"This Practice Guide – Swiss M&A – published by Lexology Getting the Deal Through in its third edition, ...."

Structuring Cross-border Transactions

Dieter Gericke, Reto Heuberger
Homburger

"Under Swiss law, as for other jurisdictions, transactions are formally structured as a two-step process consisting of..."

Pricing

Philippe A Weber, Manuel Werder
Niederer Kraft Frey

"Despite its relatively small size, Switzerland is home to many large and well-established international ..."

Data Privacy and Cybersecurity

David Vasella
Walder Wyss Ltd

"Most M&A transactions involve parties – including employees, service providers such as providers of data rooms, M&A advisers..."

Key Intellectual Property Issues in M&A Transactions

Peter Widmer, Peter Bigler
FMP Fuhrer Marbach & Partners and Swiss Federal Institute of Intellectual Property

"Switzerland is a small but key market for businesses worldwide. Featuring a highly educated workforce, competitive tax..."

Financial Market Regulation

Stefan Kramer, Benedikt Maurenbrecher, Manuel Baschung
Homburger

"This chapter provides an overview of the relevant regulatory and associated legal considerations for M&A transactions..."

Merger Control

Marcel Dietrich, Richard Stäuber
Homburger

"Swiss merger control law requires that certain transactions are notified and approved before they may be..."

Warranties, Indemnities and Insurance in Private M&A

Christoph Vonlanthen, Oliver Triebold
Schellenberg Wittmer

"In private M&A, buyers commonly have available post-closing or indemnification recourse against..."

Private M&A

Christoph Neeracher, Philippe Seiler, Raphael Annasohn
Bär & Karrer

"Switzerland continues to provide a generally favourable legal framework for private M&A, giving parties extensive contractual freedom in..."

Public M&A

Mariel Hoch
Bär & Karrer

"Swiss M&A transactions related to public companies are mainly governed by the Swiss Financial Market Infrastructure Act..."

Carve-out Transactions

Christoph Vonlanthen, Oliver Triebold
Schellenberg Wittmer

"The key defining feature, and source of complexity, of a carve-out transaction is that it involves the separation of a business integrated in..."

Joint Ventures – Selected Aspects

Pascal Richard, Petra Hanselmann
Pestalozzi Attorneys at Law

"A joint venture is an arrangement between two or more parties for pursuing a specific commercial purpose. From a business perspective..."

Venture Capital Investments

Beat Schwarz, Franz Schubiger
Pestalozzi Attorneys at Law

"Swiss law neither defines nor provides a specific set of rules for venture capital (VC) investments. However, the nature of..."

Special Purpose Acquisition Companies

Matthias Courvoisier
Baker McKenzie

"In 2020, first explorations were made into the possibility of listing special purpose acquisition companies (SPACs) in..."

Distressed M&A in Switzerland

Emanuel Dettwiler, Lukas Bopp
Kellerhals Carrard

"Businesses rise and fall and, in this natural cycle of events, companies are incorporated, dissolved and..."

Real Estate Transactions with a Special Focus on Hotel Acquisitions

Markus Aeschbacher, Thomas Schönenberger, Ion Eglin
Bratschi AG

"Even though price growth in the Swiss real estate market has slowed somewhat in recent years, it is to be expected that..."

Acquisition Financing

Dr. Markus Wolf, Philip Spoerlé
Baker McKenzie and Niederer Kraft Frey

"In the years prior to the outbreak of the covid-19 pandemic there was high demand for acquisition and leveraged finance in..."

Labour and Employment

Manuel Werder, Valerie Meyer Bahar
Niederer Kraft Frey

"In Swiss M&A transactions, there are two key issues with regard to labour and employment law..."

Tax Considerations in M&A Transactions

Susanne Schreiber, Cyrill Diefenbacher
Bär & Karrer

"Legal entities are subject to corporate income tax if they are resident (ie, if they are incorporated or effectively managed in..."

Post-Merger Integration

Petra Hanselmann, Pascal Richard
Pestalozzi Attorneys at Law

"Successful M&A transactions need to deliver the value expected by the buyer when doing the..."

Shareholder Activism in Switzerland

Prof. Dr. Rashid Bahar, Annette Weber, Valérie Bayard
Advestra

"Shareholder activism covers a broad range of activities by shareholders who attempt to exercise significant influence over a..."

Dispute Resolution

Gérald Virieux, Mladen Stojiljkovic
VISCHER AG

"In the majority of M&A transactions in Switzerland, the parties choose arbitration over litigation. There are many reasons..."

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