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Data protection in the due diligence of M&A transactions

Dr. Andreas Moll, Matthias Bürge and Charlotte Rupf assess the importance of data protection in the due diligence process of M&A transactions. They discuss the applicable data protection rules and issues. Furthermore, they provide practical recommendations how to mitigate data…

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After the GABA-decision: the significance test in competition law

With its decision in the GABA case, the Swiss Federal Supreme Court has given its understanding of the significance test in Article 5 SCA. In the court's view, the element functions as a "de minimis rule" which by and large is…

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Anti-trust law should not be undermined

The author has, for many years, in a number of contributions in law journals argued that the criterion "significantly restricting competition" in Article 5 para. 1 SCA should – for systemic reasons - be interpreted the same way as the…

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