Picture of Marion Wyler

Marion Wyler

Associate

CMS von Erlach Poncet Ltd.
Dreikönigstrasse 7
P.O. Box
8022 Zurich
Switzerland
Languages German, English, French

Marion Wyler is an associate specialising in Competition Law and Life Sciences & Healthcare Law.

Marion advises companies on a wide range of Swiss and EU Competition Law and represents them in proceedings before the competition authorities and courts. Her experience focuses in particular on antitrust proceedings in relation to alleged unlawful horizontal and vertical price-fixing and in assisting clients in coordinating cross-border merger control notifications.

In addition, Marion regularly advises clients on the implementation of complex distribution arrangements and has acquired special expertise in relation to the convergence between Competition and Commercial Law.

As a member of the Life Sciences & Healthcare team, she advises clients active in regulated sectors such as pharma, healthcare and biotech.

Marion is also a lecturer in Healthcare and Employment Law at the Zurich University of Applied Sciences ZHAW and Careum School for Healthcare Professions. Furthermore, she publishes legal articles in the area of Pharmaceutical Law (https://lsr.recht.ch/de/autoren/marion-wyler).

After graduating from the University of Fribourg (Switzerland) and University of Durham (UK), with successfully obtaining her degrees in German, French and English, Marion gained experience by working with the Secretariat of the Swiss Competition Commission and two Swiss district courts. She was admitted to the Bar in 2014 and joined our law firm as an associate in 2015.

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Relevant experience

  • Advising and representing Bank Julius Baer in proceedings of the Swiss Competition Commission regarding currency trading and precious metals trading
  • Advising and representing an international bank in proceedings of the Swiss Competition Commission regarding reference interest rates (“Libor”)
  • Advising and representing Bayer Schweiz AG in proceedings before the Swiss Federal Supreme Court regarding alleged vertical price-fixing of drugs not covered by health insurance (“Hors-Liste”)
  • Longstanding counselling of various entities of the synlab-group in their daily business in all regulatory aspects (e.g., advertising of IVD products, development and implementation of collaboration agreements, setting up of compliance guidelines and providing of related staff training)
  • Advising Kieser Training AG on drawing up and implementing its worldwide franchise concept
  • Advised Rieter on the acquisition of the SSM division from Schweiter (coordination of multi-jurisdictional merger control)
  • Advised Nextclinics on the acquisition of IVF-Zentren Prof. Zech (a group of clinics active in reproductive medicine)
  • Advising various leading international companies in relation to distribution arrangements as well as complex cooperations with customers, suppliers and competitors
  • Developing and implementing antitrust compliance frameworks and codes of conduct in relation to dawn raids by competition authorities
  • Advising various pharmaceutical companies and healthcare providers on product distribution, particularly in the area of advertising and financial benefits (i.e., discounts, kickbacks, sponsoring, etc.)
  • Advised a major dental chain in all areas of healthcare law, particularly in relation to authorisations and protection of patient personal data (stored in overseas cloud)
  • Advised a world-leading online retailer on importing infant formula from the EU into Switzerland
  • Advised a world-leading pharmaceutical company in the field of reproductive medicine (in particular with regard to preimplantation diagnosis)
  • Advised foreign companies on trading cord blood (and tissue) and on importing blood plasma into Switzerland
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Education

  • 2014 – Bar admission, Switzerland
  • 2011 – Master of Law, University of Fribourg (Switzerland) and University of Durham (UK)
  • 2009 – Additional Diploma “bilingue plus” (German and French), issued by the Faculty of Arts of the University of Fribourg
  • 2009 – Bachelor of Law, with the additions “bilingual” (German/French) and “European Law”, University of Fribourg
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Memberships

  • Zurich Bar Association (ZAV)
  • Swiss Bar Association (SBA)
  • Studienvereinigung Kartellrecht
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Lectures list

  • CMS Breakfast regarding Competition and Procurement law – presentation on Antitrust, Procurement and Civil Law consequences of prohibited behaviour, 31 October 2018
  • Caregiving for mentally ill patients – lecture on legal framework related to the protection of adults, such as deputyship and care-related hospitalisation at Zurich University of Applied Sciences ZHAW (since January 2016)
  • Introduction to Healthcare Law – lecture on patient’s rights, data privacy, medical secrecy and medical malpractice liability at Zurich University of Applied Sciences ZHAW (since September 2015)
  • Introduction to Employment Law – lecture given at Careum School for Healthcare Professions (since August 2015)
  • Compliance training – provided to synlab staff regarding new cooperation agreements and internal compliance guidelines, 5 July and 11 October 2017
  • Law at the doctor’s office – elementary rules of handling patients; caregiving of mentally ill patients; cooperations and financial benefits among healthcare professionals, seminar provided at “Wissen.Praxis”, 8 June 2017
  • Presentations in Healthcare and Contract Law for various clients’ staff
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