Bär & Karrer Ltd. advises both public bodies and private sector clients on procurement, regulation and sanctions issues across multiple industries such as life sciences, healthcare and telecommunications. Moreover, the team is experienced in representing businesses and private entities in public law litigation. Team leader Markus Schott has broad experience in regulatory and administrative litigation matters, often representing clients before the cantonal and federal administrative courts, as well as the Swiss Supreme Court. Raphael Wyss is a key member of the team and supports Schott across a variety of matters.
Public law in Switzerland
Bär & Karrer Ltd.
Praxisleiter:
Markus Schott
Weitere Kernanwälte:
Raphael Wyss
Highlight-Mandate
CMS von Erlach Partners Ltd.
CMS von Erlach Partners Ltd. provides market-leading public law counsel to both domestic and international clients due to its extensive team and range of expertise. The firm has a strong reputation in complex competition-related issues, representing clients before the Competition Commission through to the Federal Supreme Court. Moreover, the team specialises in procurement and white-collar crime issues, with notable activity in the field of economic sanctions due to geopolitical trends. Marquard Christen heads the public procurement and ESG group and is an expert in advising on compliance issues in these areas. Bernhard Lötscher leads on white-collar crime issues, with expertise in fraud investigations and anti-money laundering projects. Julia Haas has been noted by clients as being ‘an exceptional legal talent’.
Praxisleiter:
Marquard Christen
Weitere Kernanwälte:
Bernhard Lötscher; Julia Haas
Referenzen
‘The public law team at CMS von Erlach is comprised of highly experienced practitioners with deep expertise in all areas of public and administrative law. The team includes seasoned litigators as well as specialists in areas like regulatory compliance, public procurement, and government contracts. What makes them unique is their ability to seamlessly integrate legal expertise with a nuanced understanding of the public sector landscape. They are adept at navigating the complexities of government bureaucracy and building strong relationships with key stakeholders.’
‘Marquard Christen is widely regarded as one of the leading public law experts in the country. What sets him apart is his ability to distil complex regulatory and procedural issues into clear, pragmatic advice. He has an uncanny knack for identifying creative solutions that advance his clients’ interests while navigating the convoluted landscape of government decision-making. Marquard’s encyclopedic knowledge of case law and administrative procedures is impressive, but it is his strategic problem-solving skills and excellent client service that truly make him stand out.’
‘Julia Haas has proven herself to be an exceptional legal talent and a true rising star in the field. Julia is highly adept at navigating the intricacies of government decision-making and regulatory compliance. She has a deep understanding of the public sector landscape, and she uses this knowledge to develop creative strategies that align with her clients’ commercial objectives.’
Kernmandanten
Bayer (Schweiz) AG
Back Enterprises Ltd.
Bruker BioSpin Group
Burger King Europe GmbH
Hamilton
Lilly Deutschland GmbH
LimeBike Germany GmbH
Synlab International GmbH
LivaNova Switzerland SA
Swisscard (joint venture of Credit Suisse and Amex)
Koch Group AG
Kieser Training AG
Highlight-Mandate
- Representing Rico Back, owner of Back Enterprises and former CEO of the Royal Mail, and Back Enterprises as an intervening party in the merger control proceedings regarding Swiss Post’s attempt to acquire its competitor Quickmail, a Swiss provider of parcel and letter delivery services.
- Advising the Hamilton Group of Companies on a variety of regulatory matters and conducting a comprehensive gap analysis and compliance assessment involving areas including ESG and sustainability regulation.
- Advising Eli Lilly on the assessment of applicability and implementation of the recent Swiss ESG regulations regarding reporting obligations on non-financial matters, supply chain due diligence, and transparency obligations, with notable complexities owing to various ambiguities in the new Swiss ESG regulations.
Homburger
Homburger acts for private companies, public administrations and sovereign states across a variety of transactional and contentious issues in the public sector. The firm boasts deep know-how in regulated sectors such as energy, financially regulated markets and transport and is frequently involved in compliance matters and investigations. The team has impressive experience in acting in international arbitrations and proceedings involving foreign public authorities and sovereign states such as the People’s Republic of China. Marcel Dietrich co-leads the team with Mariella Orelli and has extensive experience in regulated sectors, typically in the field of competition law. Orelli leads the arbitration branch of the team and regularly acts as counsel in proceedings between foreign states and state-owned companies.
Praxisleiter:
Marcel Dietrich; Mariella Orelli
Weitere Kernanwälte:
Richard Stäuber; David Thomann
Kernmandanten
The People’s Republic of China (PRC)
UBS
Volkswagen
Astara
AMAG (independent Swiss importer of VW Group cars)
Sonic Healthcare
Alpiq
Swiss Federal Council (Viola Amherd)
A company of the Palestinian Investment Fund
Highlight-Mandate
- Represented PRC against AsiaPhos in an appeal before the Swiss Federal Supreme Court against an arbitral award in connection with investments in China.
- Represented a third-party bidder in public law matters in connection with Quickmail’s intended acquisition by Swiss Post.
- Advising Volkswagen on public law matters in relation to emission pools in Europe and Switzerland.
Kellerhals Carrard
Kellerhals Carrard advises across the gamut of public law issues and whilst the firm does act for private companies or individuals, its specialism is providing counsel to public authorities, institutions and bodies at both federal and cantonal level. The firm handles contentious and non-contentious matters from both a domestic and international perspective, with a particular recent focus on construction projects and real estate management. The team operates out of four offices across Switzerland: Christoph Jäger leads the team in Bern, and has vast experience in giving advice on procurement and regulatory issues concerning public infrastructure planning and construction; Isabelle Romy heads the team in Zurich, and specialises in environmental and sustainability law; Ivan Paparelli heads the Lugano practice; whilst Bernd Hauck leads in Basel.
Praxisleiter:
Christoph Jäger; Isabelle Romy; Ivan Paparelli; Bernd Hauck
Referenzen
‘Extraordinarily broad wealth of experience.’
‘I find Christoph Jäger to be a very pleasant partner who has an exceptionally sound knowledge of administrative and environmental law. I appreciate his clear language and his modest manner.’
‘The team is always reachable and reacts very quickly to every type of question.’
Kernmandanten
Vigier Holding AG and Vigier group companies
Helvetas Swiss Intercooperation
Swiss Post Ltd and subsidiaries
AVAG AG
BKW Energie AG (and other group companies of BKW AG)
eOperations Schweiz AG
Conference of Cantonal Directors of Building, Planning and Environment (BPUK)
Bovida Real Estate AG
Marti Gesamtleistungen AG
Office for Integration and Social Affairs of the Canton of Bern
Office for Municipalities and Spatial Planning of the Canton of Bern
Grande Cariçaie / ARSUD
Highlight-Mandate
Walder Wyss Ltd.
Walder Wyss Ltd. has a large team of lawyers with public law expertise who regularly act for public authorities such as the federal government, cantonal entities and state-owned enterprises, typically in complex procurement proceedings. The firm has a strong reputation in procurement matters and significant experience operating in the railway sector. Beyond procurement issues, the team can offer a variety of services across various industries, such as hospital planning and healthcare regulation advice. Martin Zobl, who recently became head of the firm’s regulated markets and competition subteam, specialises in public commercial law and administrative litigation. The experienced Hans Rudolf Trüeb is one of ‘the leading experts in the field’ of public procurement law, whilst Ramona Wyss is an experienced transactions lawyer with a focus on the renewable energy sector. Other key team members include Lena Götzinger and Florian Roth.
Praxisleiter:
Martin Zobl
Weitere Kernanwälte:
Hans Rudolf Trüeb; Ramona Wyss; Florian Roth; Lena Götzinger
Referenzen
‘Walder Wyss is usually contacted for specific topics, which require in-depth knowledge given the importance for our company, such as energy contracts, or IP-relevant agreements. Walder Wyss’ team has always demonstrated a very high level of understanding of the subject matter that was submitted for their review, and provided excellent support, demonstrating a very high level of knowledge, competence and professionalism.’
‘Martin Zobl, the head of Walder Wyss’s procurement law practice, stands out in his ability to swiftly identify the key issues and successfully handle even the most complex litigation cases. He is a trusted advisor to many Swiss authorities and companies, and he is known for his savvy approach and top-notch advice. Undoubtedly one of Switzerland’s next-generation leaders in procurement law.’
‘One of the defining strengths of this firm is its exceptional expertise in public procurement law. Besides the level of competence, the firm is well known for its dedication, quality, and efficiency, ensuring that clients receive top-notch advice and service.’
Kernmandanten
Swiss Confederation
Armasuisse
Swiss Federal Office for Buildings and Logistics (BBL)
Swissgrid AG
SBB – Swiss Federal Railways
SBB Cargo AG
Swiss Federal Institute of Technology (ETH)
Swisscom
SERV Swiss Export Risk Insurance
Swissmedic
Axpo Group (Axpo Holding, Axpo Power, Axpo Trading)
Schindler Aufzüge AG
Highlight-Mandate
- Advising and representing long-term client SBB (Swiss Federal Railways) in numerous court proceedings.
- Advising and representing armasuisse (the Swiss federal agency for military resources) in multiple public procurement proceedings before the Federal Administrative Court, addressing challenges from unsuccessful tenderers across various procurement projects.
- Advising and representing Hirslanden Group in a wide range of public law and regulatory matters including, most importantly, in hospital planning proceedings across numerous Swiss Cantons.
Bratschi Ltd
Whilst Bratschi Ltd has a breadth of expertise in public law through its specialised team, it has a strong litigation focus with extensive experience handling complex disputes before authorities and courts at all federal levels. Beyond the litigation specialism, the firm offers services in the areas of energy, public construction, environmental and public procurement issues, amongst others. Isabelle Häner leads the team in Zurich and provides extensive counsel and litigation services to public and private entities. Jürg Bereuter, based in St. Gallen, is a construction and real estate specialist. Livio Bundi is a key team member.
Praxisleiter:
Isabelle Häner; Jürg Bereuter
Weitere Kernanwälte:
Livio Bundi
Referenzen
‘Large and diverse law practice with a very strong and positive reputation.’
‘Livio Bundi is an extremely competent professional, highly skilled with a strong strategic approach. In addition, he has a personal approach, is an excellent listener and fast learner of specific industries. He is extremely proactive as well as reactive with a high degree of availability, well structured, precise and an excellent advisor. His human skills are as equal to his professional legal competencies, which makes collaboration a real pleasure.’
‘Extensive experience in the field of Switzerland’s energy policy and policy making. Connecting fast with the issue of the client, thinking from the client’s perspective and helping strengthen the argumentative base of the client.’
Kernmandanten
Schweizerische Rettungsflugwacht Rega (Swiss Air-Rescue)
Staatssekretariat für Wirtschaft SECO (State Secretariat for Economic Affairs)
Staatssekretariat für internationale Finanzfragen SIF (State Secretariat for International Finance)
Schweizerische Radio- und Fernsehgesellschaft SRG SSR (Swiss Broadcasting Corporation)
Ernst & Young AG
Syngenta Crop Protection AG
ETH Zürich, Abteilung Immobilien (Federal Institute of Technology Zurich)
Stadt Wädenswil, Abteilung Werke (Industrial Works of the City of Wädenswil)
Schweizerischer Arbeitgeberverband (Swiss Employers’ Association)
Energie Wasser Bern (Energy Water Berne)
Kantonsspital Winterthur (Cantonal Hospital Winterthur)
Kaufmännischer Verband Zürich (Zurich Association of Commercial Employees)
Highlight-Mandate
- Acting for the Schweizerische Rettungsflugwacht (REGA) in judicial appeal proceedings concerning (i) a service contract and an operating licence for air-rescue services in the canton of Valais and (ii) the planning permission for Zurich airport to route a taxiway around runway 28.
- Acting for the State Secretariat for Economic Affairs (SECO), a Swiss federal authority, in 40+ judicial review proceedings before the Federal Administrative Court and the Federal Supreme Court, respectively, regarding the recovery of short-time work compensation improperly claimed by private companies.
- Acting for Schweizerische Radio- und Fernsehgesellschaft (SRG SSR), Switzerland’s national public service broadcaster, in a variety of matters.
Lenz & Staehelin
Lenz & Staehelin provides a full-service public law practice, with services offered in both contentious and non-contentious matters. The firm has substantial experience in advising on energy infrastructure projects and regulatory compliance whilst also acting on telecommunication procurement investigations for both contracting authorities as well as providers. Benoît Merkt, operating out of Geneva, specialises in public economic law, including internal market and public procurement issues. Marcel Meinhardt has advised on many high-profile cases in the postal and media sector and has expertise in competition issues. Astrid Waser frequently practises in procurement proceedings, often being IT-related.
Praxisleiter:
Benoît Merkt; Marcel Meinhardt; Astrid Waser
Referenzen
‘A very strong team. You always get quick feedback and the right people to talk to. Everyone I work with is very likeable.’
‘The team has very fast response times and the staff are very courteous and competent.’
‘What was outstanding is the speed and accuracy in how the team can analyse and understand highly complex technical tasks in public tenders. Within a very short amount of time, the team was able to provide excellent guidance on how to proceed in a public tender, although the underlying subject was completely new to them.’
Kernmandanten
AAA Alpine Air Services
City of Zurich (EWZ)
Deutsche Bank
Expedia
Ford Credit
Heidenbauer Edelstahl GmbH
Implenia
Kaufmann AG
Mastercard
Nintendo
Officine Maccaferri S.p.A.
Pro7Sat.1 AG
Highlight-Mandate
- Advising the Swiss Post on a number of cases including COMCO investigations.
- Advised AAA Air Alpine Ambulance, a leading Swiss provider of rescue services in the air and on the ground, in a procurement process.
- Advising EWZ, the electricity power plant of the city of Zurich and owned by the city of Zurich, on a high value and strategically important transaction.
VISCHER
VISCHER has vast experience in handling contentious and non-contentious matters in the field of public law, with a particular specialism in the energy and healthcare sectors. Team leader Stefan Rechsteiner has a strong reputation for advising companies active in regulated markets, such as energy, and regularly represents companies before administrative courts and regulators. Michael Waldner leads the firm’s healthcare practice and regularly represents hospitals before administrative courts. Adrian Gautschi, described as ‘an exceptional lawyer with top-notch expertise and winning strategies’, is a key member of the team.
Praxisleiter:
Stefan Rechsteiner
Weitere Kernanwälte:
Michael Waldner; Adrian Gautschi
Referenzen
‘I have worked with the Vischer team primarily in public health law. The team is characterised by its rapid response and calm conduct of proceedings. You feel well advised and that it’s not about charging as many hours as possible.’
‘Very high level of expertise in legal issues, especially in the context of healthcare, extremely reliable, very good advisory skills in strategic and tactical approaches.’
‘Very reliable, timely delivery of results, high level of professional competence, nothing is “sold” to you that is clear that it will not lead to the goal, clear and understandable in communication.’
Kernmandanten
Die Schweizerische Post AG
Axpo Service AG
Repower AG
Energie 360 Grad AG
EBL (Genossenschaft Elektra Baselland)
University Hospital of Zurich
University Hospital of Bern (“Inselspital”)
University Hospital of Basel
Cantonal Hospital of St. Gallen
Cantonal Hospital of Aarau
Cantonal Hospital of Lucerne
Claraspital, Basel
Highlight-Mandate
- Advised Axpo Solutions AG on the tender submission to the Swiss Federal Office of Energy for the construction and operation of a gas turbine power plant.
Wenger Vieli Ltd
Wenger Vieli Ltd covers a broad spectrum of public law issues and has experience in advising international businesses on the Swiss public sector regulatory landscape. The practice offers a range of services including competition, compliance, procurement and tax issues, and operates over the spectrum of regulated sectors such as construction, real estate and healthcare. Frank Scherrer co-heads the team and is particularly active in the pharmaceutical and healthcare sectors, often advising on market access, distribution agreements and product liability. Michael Tschudin leads the team’s competition practice and has been described as a ‘very knowledgeable public law expert with a particular focus on competition and data protection matters’.
Praxisleiter:
Michael Tschudin; Frank Scherrer
Referenzen
‘Wenger Vieli as a law firm has been one of the first Swiss law firms with a special programme for startup companies. As a result, it has always been at the forefront of developments in various fields, including new fields of law. That is also reflected in the firm’s public law practice.’
‘Michael Tschudin is a very knowledgeable public law expert with a particular focus on competition and data protection matters. He is also experienced in the area of life sciences, particularly at the interface with competition law. The team also advises on public procurement matters.’
‘Wenger Vieli has an excellent reputation for its public law practice.’
Kernmandanten
digitalswitzerland
Nextech Invest
Highlight-Mandate
- Advising digitalswitzerland on public law, regulatory and data protection matters.
- Advising Nextech Invest on public law matters in connection with its Swiss and US activities.
- Advised a global engineering company on public law aspects in cross-border transfer of operating sites.
MLL Legal
MLL Legal specialises in providing advice in connection with the production and distribution of a variety of regulated products, spanning pharmaceuticals, cosmetics, tobacco and biocides. Beyond this specialism, the team regularly supports contractors and companies with procurement projects. Simon Holzer focuses on life science issues and regularly advises pharmaceutical companies in pricing proceedings. Michael Reinle, who has a background in data privacy and IT-related law, is active in public procurement projects, and regularly advises clients in the foodstuff and tobacco industries on product import and marketing regulations. Kilian Schärli and Daniel Donauer are important members of the team.
Praxisleiter:
Simon Holzer; Michael Reinle
Weitere Kernanwälte:
Kilian Schärli; Daniel Donauer
Referenzen
‘The team at MLL is very proactive and anticipates possible arguments and strategies. The is very diverse and top-notch.’
‘Our go-to lawyer for questions related to public law is Michael Reinle. He is a very experienced and well-rounded lawyer. His advice is pragmatic and considers the particular circumstances of our industry.’
‘The team stands out for its unique combination of expertise and a strong commitment to client service, which creates a seamless and positive experience. They are highly skilled professionals who bring innovative solutions in areas such as technology, collaboration, and diversity. Compared to other firms, their ability to remain adaptable and client-focused sets them apart. Potential clients will appreciate not only their technical knowledge but also their approachable and responsive manner.’
Kernmandanten
Mastercard Europe SA
British American Tobacco Switzerland SA
Swedish Match Switzerland AG
Innoplexus AG
NicomGroup AG
Salt Labs Switzerland AG
Amrit AG
Next Tröber AG
GSTS – Gui Sheng Tang Sinomedica Holding SA
Feldschlösschen Getränke AG / Carlsberg group
Snushof AB
CamPoint
Highlight-Mandate
- Advising Swedish Match Switzerland AG on the implementation of its entire snus and nicotine pouch product range and all legal areas that were relevant to the client’s market entry in Switzerland.
- Advised NicomGroup AG on the market implementation of its entire product range, particularly in the areas of snus, tobacco and chemical substitutes for stimulant use.
- Advised Amrit AG on a wide range of legal issues, including the introduction of a communication and analysis app through which patients can get access to second-opinion services.
Schellenberg Wittmer Ltd
Schellenberg Wittmer Ltd represents parties in administrative disputes before cantonal and federal level courts, with the team offering a full range of services in litigation, arbitration and regulatory matters. The firm advises local and international clients across a multitude of sectors including energy, life sciences and telecommunications. David Mamane focuses on competition law and international merger control in the telecommunications, postal and transport industries. Yves Jeanrenaud leads the firm’s real estate and construction group and has extensive experience in drafting and negotiating property contracts and handling public litigation.
Weitere Kernanwälte:
David Mamane; Yves Jeanrenaud
Highlight-Mandate
- Providing regulatory and corporate advice to Uber on the implementation of new regulations in various cantons and regulatory procedures with supervising authorities.
- Assisting Organisation Cantonale Valaisanne de Secours with the tender offer for the heliborne rescue.
- Advised the FTI for the due diligence, negotiation and acquisition of all the shares of a Swiss company.
Staiger Attorneys at Law Ltd
The public law team at Staiger Attorneys at Law Ltd, led by Marc Bernheim and Gaudenz Geiger, brings extensive expertise in energy sector regulations. Both Bernheim and Geiger advise national and international clients on regulatory and competition law issues specific to the industry as well as assisting on financing, tax, and restructuring issues.
Praxisleiter:
Marc Bernheim; Gaudenz Geiger
Referenzen
‘Hands on advice and in a direct and easy to understand language.’
‘Gaudenz Geiger is very knowledgeable and a good communicator – able to lay out complex matters and answers in an easy to understand way.’
Kernmandanten
CKW AG (formerly Centralschweizerische Kraftwerke AG)
AET (Aalborg Energie Technik a/s)
Enerprice Partners AG, Enerprice Service AG
First Energy AG
Swiss Climate Cent Foundation
Avenergy Suisse
SN Energie AG
Highlight-Mandate
- Advising Swiss energy trader First Energy on cross-border public law matters related to its international business.
- Advising Enerprice on the Swiss and European regulatory framework and public law matters related to its business.
- Advising the City of Schlieren on establishing a district heating network on its municipal territory.