Suchergebnisse für Law and Literature

Recent developments in Swiss competition law

Sustainable Purpose-Driven Enterprises

Social enterprises (in a broad sense), including those launched by social (or sustainable) entrepreneurs (or Sustainable Purpose-Driven Entities) are important players to achieve the Sustainable Development Goals (SDGs). Developing a legal framework that allows them to prosper has been a priority of the European Commission since 2010. These entities have recently been endorsed by the United…

Actions de loyauté : une fausse bonne idée

Over its summer session 2018, the Swiss National Council adopted the possibility for companies limited by shares (sociétés anonymes/Aktiengesellschaften) to include in their articles of association certain financial privileges to the benefit of shareholders registered for at least two consecutive years in the share register (loyalty shares). This article presents the legislative work in progress…

ESG Considerations and Public Benefit Corporations

There appears to be an international demand among investors for for-profit enterprises that commit to a social or environmental purpose and consider environmental, social and governance (ESG) aspects. Inspired by U.S. legislation, EU and other state legislators have enacted statutes with new legal forms of business organizations – so-called benefit corporations – or are considering to do so in…

The Materiality of Sustainability Information under Capital Markets Law

This paper explores the legal concept of the materiality of sustainability-related information under Swiss capital markets law. References to international standards, as well as EU and U.S. provisions, are also made with a view to highlighting the increasing importance of environmental, social and governance (ESG) aspects in the law and regulation of capital markets. We primarily focus on the…

Sekundärnutzung von Mobilitätsdaten: Infrastruktur und Governance bei Mobility-as-a-Service

Proponents and opponents hotly debate the so-called secondary use of data in sectors as diverse as health, education, energy and mobility. The parallelism of these discussions has led politicians to call for a framework law on the secondary use of data. By choosing Mobility-as-a-Service (MaaS), a promising service in the mobility sector, this article explores two connected features such a…

Innovation in Pharmaceutical Mergers: Looking for a Miracle Cure?

The European Commission’s approach to analysing the negative effects of a merger on competition has recently changed. Whereas for years, competition authorities have mainly focused on the effects of a merger on prices, the impact on output, or the creation or strengthening of a dominant position in a given market, they are now examining the effects of a merger on innovation. The analysis of the…

Das Desorganisationsdelikt in Finanzdienstleistungsunternehmen

In 2003, a general criminal provision on corporate liability came into force in Switzerland. This regulates how to attribute certain felonies or misdemeanours committed by individuals to the company for which they work. This innovation was in line with a general trend in continental Europe, but was controversial in business circles and in criminal law doctrine. The legislative bodies therefore…

To Infinity and Beyond: U.S. Dollar-Based Jurisdiction in the U.S. Sanctions Context

The power to print the world’s dominant currency gives the United States enormous leverage in pursuing its geopolitical objectives. This is particularly evident in the sanctions context, where the mere “use” of the U.S. financial system will pull parties into U.S. jurisdiction even if they are located outside the United States. This article highlights the recent extensions of jurisdictional…

Digitale Inhalte und Dienstleistungen

The legal classification of access to digital content and services can have a significant impact on the rights and obligations of the parties. While customers regularly assume a comprehensive right of use and disposal, providers want to retain control over assigned digital copies of goods by means of technical precautions and contractual mechanisms. Based on an analysis of the legal foundations…