Public law in Switzerland
The public law practice at Bär & Karrer Ltd. has considerable expertise in infrastructure matters, including pipelines, grids, telecoms networks and transport, as well as export control issues and strength in the education, healthcare, food, financial and gambling sectors. In the energy field, Phyllis Scholl assists Swissgrid, Pronovo and Foundation KEV with the outsourcing of the network surcharges execution and guarantees of origin to a subsidiary of Swissgrid. Regulatory and administrative adviser and litigator Markus Schott is another key contact.
Kellerhals Carrard has 'outstanding expertise in procurement law, providing profound advice on the client's position and perspective'. Other focus areas include regulatory matters relating to energy, transport and postal services, as well as immigration and administrative criminal law. 'Outstanding and experienced public-law litigator' Christoph Jäger assists Swiss Post with internal investigations concerning its subsidiary PostBus Switzerland's compliance with subsidy law. In other work, it is representing Tamedia in its complaint against railway company Swiss Federal Railways (SBB)'s granting of a public tender bid for advertising to APG Allgemeine Plakatgesellschaft.
The 'proactive, dedicated and involved' public law team at Lenz & Staehelin provides 'a level of service that is excellent in every respect' and is 'capable of anticipating the next steps that public authorities are going to take'. It handles public procurement, infrastructure, energy, TMT, environmental and real estate matters, with a particular focus on public tender proceedings, price surveillance issues, transmission grid tariffs and various sector regulations. Marcel Meinhardt, who 'has a strong ability to understand even the most complex circumstances', represents Swiss Post in a Supreme Court matter involving a regulatory complaint and request for lowering the postal fees on newspaper delivery from Swiss houses. Clients also recommend 'outstandingly skilled lawyers' Felix Prümmer and Frank Bremer.
VISCHER has a 'customer-oriented approach mixed with legal expertise'. Led by regulatory expert Stefan Rechsteiner, the team mainly advises on energy and public healthcare matters. In recent work, Michael Waldner is representing several hospitals in regulatory court proceedings concerning the hospital treatment tariffs chargeable to insurance companies.
Walder Wyss Ltd is best known for advising the Swiss government and its state-owned enterprises on national, federal and cantonal level. The team has experience in procurement, energy, environmental, data protection, infrastructure, healthcare and telecoms matters. Hans Rudolf Trüeb acts for SBB in collective appeal proceedings concerning the operating permit for newly procured double-decker trains relating to alleged non-compliance with the Disability Equality Act. Thomas Müller and healthcare specialist Daniel Staffelbach are other names to note.
Acting for sovereign states, companies and financial institutions, Homburger has considerable experience in the energy, IT, pharmaceutical, healthcare and banking sectors. Marcel Dietrich is advising on the restructuring of Alpiq's energy distribution network in accordance with Swiss market liberalisation and regulatory requirements, and is representing Implenia in several public procurement procedures.
Schellenberg Wittmer Ltd provides regulatory, compliance-related and procurement advice, with a major focus on energy, transport, construction and competition matters. TMT partner Roland Mathys assists start-up company Fairtiq with data privacy, contractual and financing work, while David Mamane handles the regulatory, public procurement and competition law aspects arising from the CHF850m acquisition of Alpiq Engineering Services by Bouygues Construction. Uber Switzerland, BKW and Axpo Energy Utility are among its other clients.
With expertise in the energy sector, Staiger Attorneys at Law Ltd assists with contractual matters, electricity transmission grid transfers and oil trading matters, as well as representing clients in disputes concerning electricity supply agreements, tariff arrangements, provisions and CO2 compensation or reduction schemes. Marc Bernheim and Gaudenz Geiger represent Centralschweizerische Kraftwerke in a refusal-of-payment dispute against an electricity consumer using the client's grid, which is to be upgraded.