Markus Vischer

Markus Vischer

Dr. iur., LL.M., Attorney at Law




Direct phone: +41 58 658 55 32

Curriculum Vitae

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Markus Vischer is a partner at Walder Wyss since 1995. His main areas of practice are M&A, private equity and venture capital transactions, business reorganizations and corporate and commercial incl. employment and real estate law. He is a recognized leader in M&A due to his involvement in major transactions, in particular in the media-, real estate-, IT and health care area, and due to his many publications.

Markus Vischer was educated at the University of Zurich (lic. iur. 1984, Dr. iur. 1986) and at the University of London (LL.M. 1991). He has working experience as a research assistant at the University of Zurich, as a District Court clerk and as an associate in a tax law firm in Zurich and in a law firm in London.

Markus Vischer speaks German, English and French. He is registered with the Zurich Bar Registry and admitted to practice in all Switzerland.

Keysight Technologies Acquires AnaPico AG

Swixx Biopharma acquires Biopas to enter Latin America

Migros announces Sale of Misenso to Neuroth

SMG acquires majority stake in Flatfox from Mobiliar

IFLR 1000 Rankings - Walder Wyss as a top-performing law firm ranked Awards: Walder Wyss Receives Awards as Market Leading Firm and Labour Law Firm of the Year

TX Group to acquire Clear Channel Switzerland

Cembra acquires Byjuno

IFF Completed Divestiture of Microbial Control Business

ELSA intends to acquire a stake in aaremilch

Otto Group acquires a majority stake in the Medgate Group

Athlon sells Swiss leasing fleet to Arval

DDM Group acquires Swiss Bankers Prepaid Services AG

Ringier Axel Springer Schweiz acquires the offer platform for SMEs "GRYPS"

Montana Aerospace (SIX: AERO) acquires Asco Industries

TX Group, Ringier, La Mobilière and General Atlantic form joint venture to create leading digital marketplace group

Evoco sells Plumettaz, a world-leading provider of high-tech cable laying solutions

Mérieux Equity Partners invests in Swixx

Sale of Majority Stake in SkySale Schweiz GmbH

Acquisition of Majority Stake in fedafin AG

Bridgepoint acquires Infinigate

Dovista purchases Arbonia’s Windows Division

Quest Software acquired Quadrotech

Rigips AG sells site in Leissigen/Krattigen

Studer Family Office acquired NSM Holding AG

Sulzer acquires Haselmeier Group

Walder Wyss advises BC Platforms on $15 million Series C Financing and on a Partnership with IQVIA to Extend Data Analytics in Genomics

Sale of «Gries Deco-Group»

ZHAW presents Publication Award to “Handbuch Schweizer GmbH-Recht”

Avaloq acquires Derivative Partners, a Zurich-based Service Specialist for Structured Products

Polygon group acquires Nettag AG

Blue Sail Medical acquires NVT

Ringier Axel Springer Schweiz invests in digitalCounsels

Arthur J. Gallagher & Co. (NYSRE: AJG) subsidiary Hesse & Partner AG acquires VERBAG Versicherungsberater-AG

Polygon has acquired 100% of the shares in Alvisa Holding AG

Dana acquires Oerlikon Drive Systems

VELUX A/S acquires JET-Group from Egeria

Dana acquires Oerlikon Drive Systems

Sale of ASIC Robotics AG and Reinvestment

Arthur J. Gallagher & Co. (NYSRE: AJG) acquires majority interest in Hesse & Partner AG

Metaco SA completes Financing Round

Tamedia is taking over the «Basler Zeitung»

Acquisition of a housing cooperative

Georg Fischer to acquire Swiss precision casting manufacturer Precicast Industrial Holding SA

The Smart Grid Solution Company DEPsys conducts Series A2 financing round

Tamedia pre-announces takeover of the media promoter Goldbach Group (SIX: GBMN)

CryoLife acquires JOTEC

Migros subsidiary Saviva sells Cash+Carry Angehrn

Rieker Investment AG takes over the Meister Abrasives Group

Joint Venture BOBST & Radex

Walder Wyss advises ACTIV FITNESS on the acquisition of the Silhouette fitness studios

Walder Wyss advises Fresenius Kabi on the acquisition of Merck's biosimilars business

Walder Wyss advises Avaloq Group on the acquisition of a 35% stake in Avaloq by Warburg Pincus

AF Group acquires Edy Toscano AG

Ardian will acquire lighting Group SLV from Cinven

Sale of Majority Stake in AutoForm Group

Statkraft Ventures invests into Swiss Smart Grid Solution Company DEPsys

Sale of Regisol AG

Mövenpick invests in imported wine wholesaler Cheers in China

Sale of Steigenberger Hotel Gstaad

SCOTT acquires Sheppard Business

IRC acquires majority in Transa

Courion acquires Bay31

ING sells Designer Outlet Landquart

Tamedia acquires Ricardo-Group

Migros acquires Lüchinger+Schmid-Group

Youngone to acquire majority stake in Scott Sports

Minerva IPO and Acquisition


Key Equipment Finance to sell leasing business to BAML

Mövenpick sells Swiss concession gastronomy to Coop

Baloise sells its subsidiaries in Croatia and Serbia

Husky to acquire Schöttli Group

International Chemical Investors Group to purchase the Detergents & Intermediates business from Clariant

MeteoGroup to acquire leading European weather business

Youngone Corp. acquires 20 percent stake in SCOTT

EFG International sells its remaining stake in EFG Financial Products to Notenstein Private Bank

Warranty & Indemnity Insurance in M&A Transaction

Tamedia AG and Ringier AG acquire 100% (50% each) in holding ag from Tiger Global Investment Partners and further shareholders.

Migros-Genossenschafts-Bund acquires a minority stake of 30% in Galaxus AG with the option to acquire the majority.

Sale of AXA Bank customer portfolio to bank zweiplus

Lindenhof takes over the majority of shares in Sonnenhof Hospitals

Sale of Plancal Group in auction process

Transfer of Shares and the Associated Problems in Practice

Convening a General Shareholders' Meeting

The Element of Good Faith in the Law of Errors

Acquisition Structures Comparing Asset and Share Purchases (Switzerland)

Retention of the Price for the Work due to the Right to Refuse Performance pursuant to Article 82 Swiss Code of Obligations

Withdrawal from an Agreement to Conclude a General Contractor's Agreement

Shell Companies and Shell Company Trading Under the New Law or "the road to hell is paved with good intentions"

Implied Agreement on the Assignability of a Contractual Pre-Emption Right?

Unreasonableness as a Defect

Due Diligence for Private Acquisitions (Switzerland)

Signing and Closing: Private Acquisitions (Switzerland)

Transfer of Title to Shares by Way of Legal Transaction Without Executing a Separate Instrument to Transfer Title to the Shares?

The Consequences of Improperly Structured M&A Transactions

Commentary on Art. 839‒851 of the Swiss Code of Obligations

Commentary to Art. 1–3 of the Transitory Provisions re Corporations and Art. 1, 2, 7 of the Transitory Provisions for the 2020 Stock Corporation Law Revision

On the Absence of a Presumed Quality of a Biogas Plant

Judgement Reviews, 2.7.3. Tort Law, FSCourt 4A_18/2023: Diesel Emissions Scandal: In Search of the Damages

The Jurisprudence of the Federal Supreme Court regarding Sales and Purchase Law in the Year 2022

Commentary to Art. 492–512 of the Swiss Code of Obligations (Suretyship Law)

Cancellation of Individual Agenda Items of a General Shareholders' Meeting or of the General Shareholders' Meeting in its Entirety

Caution When Making Use of the Criminal Law in Warranty Cases

Due Diligence Regarding Servitudes in Real Estate Purchases

Alea iacta est: No Simplified Merger in Case of Indirect Ownership Structures

Warranty Rights of the Landlord upon the Return of a Defective Rental Property

Relationship between Art. 28 para. 1 Swiss Code Obligations and Art. 146 para. 1 Swiss Criminal Code

Duress in Civil Law and Usury in Criminal Law

Violation Without Consequences of the Exclusivity Clause in the Brokerage Agreement

The Proximity of the Contracting Party as a Criterion for Victim Co-Responsibility?

Doing Business in Switzerland – A Practical Guide

Calculation of Damages in Business Acquisitions

Incorrect Due Diligence Reports and Their Consequences in a Business Acquisition

The Notion of "Defect" in Connection with the Indication of the Living Space

Intentional Deception Regarding the Size of the Agricultural Usable Area

Once again on the Concept of the Pending Invalidity of a Contract

Proof of Maturity by Producing Evidence For the Due Offer to Discharge the Obligation

Offsetting of Foreign Currency Receivables: The Foreign Currency Receivable is Translated at the Exchange Rate Prevailing at the Time the Offsetting Receivable Became Due.

Acquisition Structures: Comparing Asset and Share Purchases (Switzerland)

Key Documents for Acquiring a Private Company (Switzerland)

Corporate Reorganisations 2023 - Chapter Switzerland

Kommentar zu Art. 1–4 der allgemeinen Bestimmungen betreffend schweizerisches intertemporales Recht

The Delivery of the Final Payment Order Qualifies as a Debt Collection Act Pursuant to Art. 138 para. 2 Swiss Code of Obligations Interrupting the Statute of Limitations.

Contract Interpretation Principles of the Swiss Federal Supreme Court in a Deadlock

Quotaholders' Agreements Regarding Limited Liability Companies (LLC)

Mail Processing Contract is considered an Innominate Contract; its Termination in Violation of the Contract Triggers a Liability for Damages; Art. 404 para. 1 Swiss Code of Obligations is not applicable.

Tricky Options Trading

Duties of the Board of Directors in Financial Crisis Situations under the New Corporation Law

Form Requirement of an Agreement Concluded on the Same Day as the Real Estate Acquisition Contract?

Combinations (§ 16 De Facto Mergers)

Combinations (§ 15 Mergers)

Private Mergers and Acquisitions in Switzerland: Overview

The Jurisprudence of the Federal Supreme Court regarding Sales and Purchase Law in the Year 2021

Claiming by Way of Adhesion Penalties Provided For Under Non-Disclosure Agreements?

Observance of nullity ex officio?

Recording of General Shareholders' Meeting and Board of Directors resolutions as a form of validity

Due Diligence for Private Acquisitions (Switzerland)

Negligent Error and Breach of Good Faith

Commentary to Art. 675–682 of the Swiss Code of Obligations

Once again on Assignment Declarations in Minutes of the General Meeting

Acknowledgement of Debt: Waiver of Defenses Regarding the Acknowledged Debt

Earn-out Clause of Unlimited Duration

Cross-Border Restructurings (§ 104 Cross-Border Demerger)

Cross-Border Restructurings (§ 105 Cross-Border Transfer of Assets)

Cross-Border Restructurings (§ 103 Cross-Border Conversion)

Cross-Border Restructurings (§ 102 Cross-Border Merger)

Cross-Border Activity (§ 100 Foreign branch in Switzerland)

Restructuring Events (§ 98 Transfers of Assets)

Restructuring Events (§ 97 Spin-Off)

Restructuring Events (§ 96 Division)

Restructuring Events (§ 95a General Remarks on Demergers)

Restructuring Events (§ 95 Conversion)

Restructuring Events (§ 94 Merger)

Continued Use of Internet Addresses after Carve-out Transactions

Personal Liability of Corporate Bodies in Case of Fraud

Calculation of Damages in Case of Faulty Performance of a Stock Exchange Order

Half-Knowledge of a Defect May Under Certain Circumstances Meet the Criteria for Fraudulent Intent

Knowledge, Lack of Knowledge, and Knowledge That One Should Have Had of Natural Persons and Legal Entities

Delivery of False Share Certificates

Recovery of Sale Proceeds Due to Unjust Enrichment

Shares as Individualized Rights and the Problems caused by this in the Triad Membership–Negotiable Securities/Uncertificated and Ledger-Based Securities– Intermediated Security

The Exclusion of Warranty When Purchasing Real Estate

Plea of Non-Performed Contract for Work and Services (Art. 82 Swiss Code of Obligations)

Contaminated Sites: Shadow Boxing in Public Law Proceedings

Interpretation of an Assignment Agreement from the Perspective of an Uninvolved Third Party

The Fulfillment of Foreign Currency Debts

Foreign Branch Office (§ 111 Branch Office of a Cooperative with Headquarters Abroad)

Cross-Border Restructurings (§ 116 Cross-Border Transfers of Assets)

Cross-Border Restructurings (§ 115 Cross-Border Demerger)

Cross-Border Restructurings (§ 114 Cross-Border Merger)

Cross-border Relocation (§ 113 From Switzerland Abroad)

Cross-border Relocation (§ 112 From Abroad to Switzerland)

Void Resolutions of the General Shareholders' Meeting Due to the Violation of FATF Reporting Obligations

Restructuring according to the Swiss Merger Act (§ 110 Transfers of Assets)

Restructuring according to the Swiss Merger Act (§ 109 Spin-Off)

Restructuring according to the Swiss Merger Act (§ 108 Division)

Restructuring according to the Swiss Merger Act (§ 107 General Remarks)

Restructuring according to the Swiss Merger Act (§ 106 Conversion Pursuant to the SMA)

Restructuring according to the Swiss Merger Act (§ 105 Merger)

Asset Deal: No Exploitation of the Seller

Board of directors's prohibited influence on the formation of will at the general shareholders' meeting by means of the voluntary employer-sponsered pension fund

No implied cancellation of the lease agreement (Art. 115 Swiss Code of Obligations)

Corporate Reorganisations 2022 - Chapter Switzerland

Does the new corporation law really abolish the acquisitions in kind rules?

Purchase Price Adjustment Clauses in Share Purchase Agreements

Plea of Non-Performed Share Purchase Agreement (Article 82 Swiss Code of Obligations)

Joint Responsibility of the Victim when Purchasing Art

Determination of the Preemptive Price

Approval of Share Transfers by the Board of Directors

Acquisition Structures: Comparing Asset and Share Purchases (Switzerland)

Key Documents for Acquiring a Private Company (Switzerland)

The Terminating Party's Liability for Damages Due to the Teaching Contract's Immediate Termination (Art. 404 para. 2 Swiss Code of Obligations

Waiver Agreement and Clawback – Nothing New From Lausanne?

Private Mergers and Acquisitions in Switzerland: Overview

The “Forfeiture Pitfall” for Warranty Claims

(In)Validity of Promises to Sell and Purchase Real Estate

Qualification of a Down Payment as a Conditional False Contractual Penalty

The Jurisprudence of the Federal Supreme Court regarding Sales and Purchase Law in the Year 2020