Bär & Karrer

The Secretariat of COMCO holds that competition law is applicable to the labor market.   In 2022, the Secretariat opened its preliminary investigation and found that more than 200 companies from various industries exchanged information on salaries and salary components. It held that agreements and exchange of information on salaries, salary components, working conditions as well as non-solicitation agreements are not permitted.   The Secretariat will now develop best practices for the labor market.   Find out more in our latest legal update by Mani Reinert.   Read COMCO's press release: https://lnkd.in/dU6isD67 #baerkarrer #lawfirm #competition #salaries #labormarket

In its recently published landmark decision 6B_92/2022 of 5 June 2024, the Swiss Federal Supreme Court clarified aspects of the admissibility of evidence in criminal proceedings. In summary, the Court held the following: ▪ Evidence obtained in a police or prosecutor interview in the absence of the accused violates the latter's right of participation; ▪ Under Art. 147 section 4 CrimPC, such testimony is deemed inadmissible evidence; ▪ A repetition of the interview, this time in the presence of the accused, does not cure the initial inadmissibility, meaning the evidence gathered in the first interview remains inadmissible. The decision represents a change of jurisprudence, as the Swiss Federal Supreme Court had previously held – at least implicitly – that a second interview, in compliance with the participation rights of the accused, may render the initial testimony admissible ex post. Going forward, accused persons and other parties to criminal proceedings may have additional and stronger arguments to challenge the admissibility of evidence taken in breach of their participation rights.   Authors: Prof. Dr. Andrew Garbarski, Massimo Chiasera, Yves Tjon-A-Meeuw Read more in our latest legal update. #baerkarrer #lawfirm #criminallaw #whitecollar

Letzte Woche wurden die offiziellen Verordnungstexte zu den Verordnungen des Humanforschungsgesetzes veröffentlicht. Mit der Revision wurden die Verordnungen an nationale und internationale Entwicklungen in der Humanforschung angepasst.    Erfahren Sie mehr über die Auswirkungen in unserem neuesten Legal Update. #baerkarrer #lawfirm #legalupdate #humanresearch #lifescience  

Bär & Karrer advises Capvis AG on the sale of its majority stake in BSI Software AG, a leading provider of innovative customer relationship management (CRM) and customer experience (CX) software. BSI Software has entered into a partnership with international private equity firm Bregal Unternehmerkapital . The Bär & Karrer team is co-led by Dr. Christoph Neeracher and Philippe Seiler and includes Dr. Luca Jagmetti, Elisabeth Rinderknecht and Lazar Lepir (all M&A), Susanne Schreiber, Martin Leu and Anke Stumm (all Tax/Structuring), Markus Wang and Jonas Bornhauser (both IP/IT), as well as Lukas Roesler (Financing). Read the press release here: https://lnkd.in/eHnFWv6z #baerkarrer #lawfirm #mergers #acquisitions

Following the completion of the acquisition of Credit Suisse Group AG by UBS Group AG on 12 June 2023, and the completion of the merger between UBS AG and Credit Suisse AG ("Parent Bank Merger") on 31 May 2024, the boards of directors of UBS Switzerland AG and Credit Suisse (Schweiz) AG approved the merger between UBS Switzerland AG and Credit Suisse (Schweiz) AG ("Swiss Bank Merger"). The Swiss Bank Merger became legally effective on 1 July 2024 upon registration in the relevant Commercial Register. Upon the Swiss Bank Merger, UBS Switzerland AG has succeeded to all the rights and obligations of Credit Suisse (Schweiz) AG and Credit Suisse (Schweiz) AG has been deregistered from the Commercial Register of the Canton of Zurich and has ceased to exist as a separate entity. The Swiss Bank Merger is another significant milestone of the complex legal entities integration of Credit Suisse group into UBS group.   Bär & Karrer acts as lead legal advisor to UBS in Switzerland in this transaction. The team includes Peter Hsu (Regulatory/M&A), Urs Kägi, Thomas Rohde, Rolf Watter, Fabienne Perlini-Frehner, Shu Zhang (all Corporate/M&A), Frederic Betrisey, Daniel Fluehmann, Tiffany Ender, Matej Teslar, Elias Hepp, Elisabeth Burkhardt, Fanny Siegwart, Kevin Kögler(all Regulatory/M&A), Thomas Stoltz, Sarah Riesch (Corporate/Notary), Susanne Schreiber, Cyrill Diefenbacher, Martin Leu, Alessia Suter, Fabian Capt, Patrick Harms (all Tax), Laura Widmer (Employment), Ruth Bloch-Riemer (Pension) as well as Mani Reinert and Martin P. Werner (Competition). Read our press release here: https://lnkd.in/ehEBuBgE #baerkarrer #lawfirm #mergers #acquisitions

In 2022, Switzerland introduced the concept of relative market power to make it easier for Swiss customers to purchase products abroad at the same conditions that apply there. The Galexis/Fresenius Kabi case, which started in Summer 2022, shows that establishing a position of relative market power may be challenging. Find out more in our latest legal update. Read the press release on WEKO : https://lnkd.in/evRy9pGS #baerkarrer #lawfirm #competition #relativemarketpower

In a landmark decision regarding the expiration of directors' term of office, the Swiss Federal Supreme Court (FSC) held that the term of office of board members not only ends if no timely re-election occurs, but that resolutions taken by a shareholders' meeting convened by board members after the expiry of their term are null and void.   This decision strengthens the FSC's stance on corporate governance, emphasizing the critical need for timely board re-elections to avoid potentially disruptive effects on Swiss companies.   In our latest briefing, we look at the main reasoning of the court, the implications behind the decision, and offer recommendations for managing missed re-election deadlines.   Authors: Dr. Urs Kägi and Dr. Linus Zweifel Read more here: https://lnkd.in/eBbvqqY8   #baerkarrer #lawfirm #corporategovernance #boardofdirectors 

In a landmark decision, the Federal Supreme Court mandates that Geneva revise its taxation practices on property gains from pension funds and other tax-exempt entities. This practice consists in imposing ordinary corporate income tax on gains from the sale of real estate by tax-exempt entities. The Federal Supreme Court's decision that declared the Geneva practice to be in contrast with Swiss Federal legislation follows a challenge by a Swiss investment foundation owning property in Geneva, which requested that its future real estate capital gains be taxed under the special property gains tax, as in other Swiss cantons, instead of the ordinary corporate income tax.   This change is expected to enhance asset values for Geneva-based properties, benefiting investors and insured persons in pension funds and investment foundations.   Bär & Karrer represented the Swiss investment foundation in this case. The team included Christoph Suter, Matthias Bizzarro, and Alice Johnson.   Read more in our latest legal update.   #baerkarrer #tax #Geneva #realestate #pensionfunds #swisstaxes     

Bär & Karrer is proud to join the launch of the Geneva International Legal Association (GILA) as a founding member.   Spearheaded by the Ordre des avocats de Genève (Geneva Bar Association), GILA aims to unite Geneva’s legal and business communities, promoting the city as a global hub for law and legal services.   We would like to congratulate Aurélie Conrad Hari on her appointment as Vice President, where she will guide GILA’s mission to elevate legal services, promote Swiss law worldwide, and foster collaboration across various sectors in Geneva.   GILA is supported by key partners including the cantonal and municipal authorities of Geneva, the Fédération des Entreprises Romandes (FER), the CCIG - Chambre de commerce, d'industrie et des services de Genève, and the Fondation pour l'attractivité du canton de Genève (FLAG).   Read more here: https://lnkd.in/euBvXU3s   #baerkarrer #lawfirm #GILA #LegalServices #Geneva

On 26 June 2024, the Swiss Federal Council launched a public consultation (Vernehmlassung) on proposals to amend Swiss non-financial reporting obligations. These changes aim to align Swiss requirements with the EU Corporate Sustainability Reporting Directive (CSRD).   Key proposed changes include: ◾  Extend the scope of non-financial reporting (now called 'transparency on sustainability aspects') to include smaller listed and non-listed companies   ◾ Broaden the range of topics to be reported on, including progress towards a net zero greenhouse gas emissions target by 2050 and expanded governance matters   ◾ Eliminate the "comply or explain" option, requiring all companies to report on all required sustainability aspects, regardless of materiality for the business   ◾ Mandatory assurance of the report   ◾ Reporting in compliance with the EU standard or an equivalent standard set by the Federal Council   The consultation period ends on 17 October 2024. Companies will have a two-year transitional period after the new rules come into force to implement these changes.   Read more about the proposed amendments in our latest legal update. #ESG #Sustainability #CSRD #Corporategovernance #lawfirm #baerkarrer