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 Marquard Christen
Partner

Marquard Christen, LL.M., MAS

Global Co-Head of CMS Antitrust, Competition & Trade Group

Languages
  • German
  • English
  • French
  • Spanish
  • Dutch
Social media

Marquard Christen specializes in commercial public and administrative law, with a particular focus on competition (antitrust) and public procurement law, as well as regulated markets, compliance and ESG (Environmental Social Governance) matters. Marquard is co-head of the global CMS Antitrust, Competition & Trade group and leads CMS Switzerland's competition and public procurement teams. He is also co-chair of the Competition Law Section of the Zurich Bar Association.

Marquard advises Swiss and international companies on all aspects of competition law (horizontal and vertical agreements, dominance abuse and economic dependence, merger control and civil antitrust law) and represents them in proceedings before competition authorities and courts. Over the past 25 years, he has developed expertise in a wide range of industries including automotive, construction, consumer goods, energy, IT services, payment solutions, pharmaceuticals and telecommunications. In public procurement, Marquard advises on all aspects of procurement law at both a federal and cantonal level. He supports and represents bidders and contracting authorities in the tender process and in appeal proceedings and advises contracting authorities in the design and management of their tenders. Marquard also advises on other administrative law and regulatory topics, e.g. related to the energy sector or in proceedings under the Federal Act on Freedom of Information in the Administration, as well as on compliance (compliance programs, audits, internal investigations and trainings) and ESG matters (including sustainable supply chains).

Marquard joined our firm as a trainee in 2001 and continued working for CMS as an associate after being admitted to the bar in 2003. From 2009 to 2010 he worked as a delegate of the International Committee of the Red Cross before returning to CMS in 2011. Marquard is also an investigator appointed by the Swiss Bankers Association with regard to the enforcement of the Swiss Code of Conduct on the Due Diligence of Banks (CDB) and a member of the Expert Committee on Digitalisation of the Swiss Bar Association. He regularly lectures and publishes in his fields of expertise.

Apart from commercial law, Marquard is committed to the advancement of human rights and international humanitarian law.

Awards & Recognitions
01
  • Quote
    Marquard Christen is an outstanding, business-oriented and dedicated lawyer.
    Legal 500, Competition, Switzerland, 2025
  • Quote
    Marquard Christen is straight to the point and very competent.
    Chambers & Partners, Europe, Competition/Antitrust, Switzerland, 2025
  • Quote
    Marquard Christen is widely regarded as one of the leading public law experts in the country. What sets him apart is his ability to distil complex regulatory and procedural issues into clear, pragmatic advice. He has an uncanny knack for identifying creative solutions that advance his clients' interests while navigating the convoluted landscape of government decision-making. Marquard's encyclopedic knowledge of case law and administrative procedures is impressive, but it is his strategic problem-solving skills and excellent client service that truly make him stand out.
    Legal 500, Public Law, Switzerland, 2025
  • Quote
    Very good business acumen, provided a tailored solution for our needs.
    Legal 500, Competition, Switzerland, 2025
  • Quote
    He is a highly competent lawyer who has a huge amount of knowledge and is happy to share his experience. He manages to translate the legal language in a simple and easy-to-understand way.
    Chambers & Partners, Europe, Competition/Antitrust, Switzerland, 2025
  • Quote
    I have worked closely with Marquard Christen, who has provided my company with outstanding support. He is very business oriented and is able to explain difficult things in a simple way for everyone to understand.
    The Legal 500, Switzerland, Competition, 2024
  • Quote
    Marquard Christen is a highly skilled competition lawyer who profoundly knows his field of law and has invaluable experience with investigations of the Swiss competition authorities.
    Chambers & Partners, Europe, Competition/Antitrust, Switzerland, 2024
  • Quote
    CMS is one of the few international firms to have a strong Swiss competition practice. Led by partners Marquard Christen, Patrick Sommer and Pascal Favre, the team has a stellar conduct practice, advising clients in various cartel and abuse proceedings before the Swiss agency.
    GCR 100 – Global Competition Review, Switzerland, 2024
  • Quote
    Marquard Christen lives and breathes competition/antitrust law and is very good at coming up with solutions that work for us from a business perspective.
    The Legal 500, Switzerland, Competition, 2024
  • Quote
    Marquard Christen is very responsive, great at explaining complex topics in an easily understandable manner and a pleasant person to work with.
    The Legal 500, Switzerland, Competition, 2024
  • Quote
    Marquard Christen: dynamic, very competent, determined, goal-oriented, empathetic, very pleasant conversation partner.
    The Legal 500, Switzerland, Leading Firms: German-speaking Switzerland, 2023
  • Quote
    My key contact with CMS is Marquard Christen who has been specializing in competition law for now more than 20 years, I believe. He “lives and breathes” competition law. Marquard is not only one of the most knowledgeable competition lawyers I have worked with, but also a very down to earth person.
    The Legal 500, Switzerland, Competition, 2023
  • Quote
    He is highly knowledgeable and provides timely support.
    Chambers & Partners, Europe, Competition/Antitrust, Switzerland, 2023
  • Quote
    The group was extremely responsive, and the project led by Marquard Christen was handled in a very professional manner with a key focus on ensuring that we as plaintiffs in the proceedings had a clear sense of the applicable law, the related process and the arguments that presented the best options for success.
    The Legal 500, Switzerland, Public Law, 2023
  • Quote
    Very well versed, quick to distil the primary issues in a given fact pattern, and excellent ability to provide and discuss possible risks and how best to mediate them.
    The Legal 500, Switzerland, Competition, 2023
  • Quote
    Marquard Christen is highly respected by peers who laud him as "a highly skilled and incredibly sharp lawyer who knows all the answers to your questions".
    Who's Who Legal, Switzerland - Government Contracts, 2023
  • Quote
    Marquard Christen always responded very quickly and with insight to my inquiries. As a lawyer with a lot of experience in human rights issues, I am sure that he brings legal knowledge and entrepreneurial know-how to the table. I felt he understood the issues of an SME company in Switzerland.
    The Legal 500, Switzerland, Public Law, 2023
  • Quote
    Marquard Christen enjoys a fantastic reputation in the market as "an exceptionally smart and sympathetic competition specialist".
    Who's Who Legal, Switzerland, Competition, 2023
  • Quote
    One impressed client says: "Apart from his profound knowledge of competition law, Marquard Christen's strength is his ability to quickly understand even the most complex sets of facts, identify the legal problems at hand and come up with a solution which takes into account not only the legal issue but also the business interests of our company."
    Chambers & Partners, Europe, Competition/Antitrust - Switzerland 2022
  • Quote
    Marquard Christen is an excellent competition lawyer, responsive and outstanding in complex negotiations with the regulator. He is particularly strong in the combination of competition law and public procurement law.
    The Legal 500, Competition - Switzerland 2022

Relevant experience

  • Representation of construction company in the so far largest bid-rigging investigation in Switzerland (canton of Grisons)
  • Representation of financial services provider in investigation regarding an alleged boycott of Apple Pay and other international mobile payment solutions
  • Representation of company active in the area of ancillary construction trade in antitrust proceedings before the Swiss Competition Commission, the Swiss Federal Administrative Court and the Swiss Federal Supreme Court regarding horizontal price fixing
  • Representation of road construction and civil engineering company in antitrust proceedings before the Swiss Competition Commission and the Swiss Federal Administrative Court regarding bid rigging
  • Representation of telecommunications company in several antitrust proceedings against Swisscom before the Swiss Competition Authority, the Swiss Federal Administrative Court and the Swiss Federal Supreme Court, regarding abuse of dominant position
  • Antitrust advice to leading payment industry company held by competing companies from the financial sector on the implementation of various projects
  • Antitrust advice to municipal electricity company in the implementation of various projects on the commercialisation of its fibre optic network
  • Antitrust advice to cantonal electricity company on the implementation of various projects in regulated and non-regulated areas of activity
  • Advice to international automotive group in antitrust proceedings before the Swiss Competition Commission regarding horizontal information exchange and price fixing (including amicable settlement with the authority)
  • Representation of foreign automotive group in Swiss civil antitrust proceedings in the area of distribution and after sales service
  • Antitrust advice to foreign pharmaceuticals wholesaler on the admissibility of a purchasing association
  • Antitrust advice to a leading pharmaceuticals company on the implementation of recommended retail prices
  • Antitrust assessment and advice in relation to a reorganisation of the distribution system of a veterinary medicinal products manufacturer
  • Representation of an international consumer goods manufacturer in antitrust proceedings before the Swiss Competition Commission regarding territorial market allocation (including amicable settlement with the authority)
  • Advice to and representation of companies from various industry sectors in merger control proceedings before the Swiss Competition Commission
  • Coordination of parallel merger control proceedings in various jurisdictions within and outside the EU for a leading international manufacturer of materials for the automotive and beverage industry
  • Comprehensive antitrust audit for a leading international construction company
  • Development and implementation of compliance programmes (guidelines, trainings, e-learnings, tools and dawn raid policies) for companies from various industry sectors
  • Public procurement law advice to a cantonal electricity company in relation to a public tender for IT services
  • Public procurement law advice to a municipality in relation to public tenders for the construction of various municipal buildings
  • Representation of companies from various industry sectors (including pharmaceuticals, facility management, IT, transportation and energy) in public procurement proceedings in various cantons (including Zurich and Berne) and before the Swiss Federal Administrative Court
  • Providing a legal opinion on the applicability of the public procurement regime on a cantonal electricity company
  • Antitrust and public procurement law advice to an association and its members in the context of a public tender in the area of humanitarian aid
  • International compliance support for major energy provider
  • Compliance gap analysis for Swiss based international medical devices company
  • Advice on implementation of new Swiss reporting and due diligence obligations in the area of sustainability

Publications

Memberships & Roles

  • Global Co-Head of CMS Antitrust, Competiton & Trade Group
  • Co-Chair of Competition Law Section of the Zurich Bar Association
  • Expert Group on Digitalisation of Swiss Bar Association
  • Swiss Association on Public Procurement (SVöB)
  • Association for the Study of Antitrust Law (Studienvereinigung Kartellrecht)

Awards & Rankings

  • The Legal 500 | Competition, Switzerland, 2025 | Leading Partner
  • The Legal 500 | Public Law, Switzerland, 2025 | Leading Partner
  • Chambers & Partners, Europe | Competition/Antitrust, Switzerland, 2025 | Band 3
  • GCR 100 – Global Competition Review | Switzerland, 2024 | Elite
  • Who's Who Legal | Competition, 2024 | Thought Leader
  • Who's Who Legal | Government Contracts, Switzerland, 2024 | Recommended

Lectures list

  • 18 September 2024, Moderation of information and networking event on the EU Corporate Sustainability Due Diligence Directive (CSDDD), Zurich (co-speakers: Dr Christoph Schröder, CMS Hamburg and Sibylle Baumgartner, Matthias Leisinger and Regula Meng, focus right)
  • 12 September 2024, Debating Competition, Zurich, "Submissionsabreden: Wer hat seine Hausaufgaben gemacht?" (co-speaker: Frank Stüssi, Deputy Director, Secretariat of the Swiss Competition Commission)
  • 18 April 2024, Federal Department of Foreign Affairs/SECO-Day 2024 for Heads of Swiss Business Hubs, Challenges of new ESG due diligence and reporting requirements for SME
  • 13 March 2024, Workshop of Swiss Competition Commission on sustainability agreements (co-speakers: Dr Laura Melusine Baudenbacher, President of Swiss Competition Commission; Dr Elise Provost, French Autorité de la concurrence; Dr Susanne A. Wagner, Global Executive Counsel GE Healthcare; Dr Moritz Jakobs, German Bundeskartellamt and Legal Service of European Commission)
  • 8 July 2023, Webinar Climate Risk, "Lessons learned from the Swiss climate reporting ordinance: what's in it for businesses?" (co-speakers: Arnt Diener, Quantis, Giovanni Covazzi, BCG and Daniela Hoffman, Quantis)
  • 22 May 2023, Swiss Climate Reporting Forum, "Legal Framework for Transparency on Climate Matters in Switzerland"
  • 25 April 2023, 2. ordentliche Generalversammlung des VBK beider Basel, "Die Kies- und Betonbranche im Fokus der WEKO"
  • 9 - 10 March 2023, 2. Andermatt Tourism Law Forum, "Buchungsplattformen und Wettbewerbsrecht"
  • 23 January 2023, Webinar "Neuerungen im Vertriebskartellrecht" (co-speakers: Andrea Graber, Deputy Director of the Secretary of the Competition Comission (WEKO) and Markus Schöner, CMS Hamburg)
  • 17 November 2022, Veranstaltung des Verbands der Kies- und Betonproduzenten (VKB) Aargau, "Die Kies- und Betonbranche weiterhin im Fokus der WEKO?"
  • 29 March 2022, Schulthess Forum Kartellrecht, "Case Studies zum Vertriebskartellrecht" (co-speaker: Gion Giger, Walder Wyss AG)
  • 28 October 2021, EU Competition Conference, Panel on horizontal restraints: "The Reform of the Horizontal Guidelines – Sustainability Agreements and Buying Cartels vs. Buying Groups" (speakers: Carla Beuret, Secretariat of ComCo (Switzerland), Christiane Dahlbender, MARS, Maria Jaspers, DG Comp and Theon van Dijk, Autoriteit Consument & Markt (Netherlands); co-moderator: Michael Bauer, CMS Brussels)
  • 27 October 2021, Zentralschweizerische Baumeisterverbände, "Wann ist eine Arbeitsgemeinschaft (ARGE) kartellrechtlich zulässig?"
  • 25 October 2021, University of Lucerne, Panel discussion "Law Skills", evening event of the Law Clinic Economic Law (co-speakers: Andrea Vontobel Bucher, UBS and Prof. Dr. Martin Wyss, Federal Office of Justice)
  • 22 October 2021, Studienvereinigung Kartellrecht and University of Berne, Roundtable Sustainability and Competition Law, Working Session in Berne (co-speakers: Dr. Susanne A. Wagner, Clariant, Dr. Dirk Middelschulte, Unilever and Mark Steiner, Federal Administrative Court; moderator: Dr. Andrea Graber, Secretariat of ComCo)
  • 22 September 2021, American Bar Association (ABA), "International Perspectives on Privacy and Competition Law", Business Law Virtual Section Annual Meeting (co-speakers: Pinar Akman, University of Leeds, Kentaro Hirayama, Kysushu University and Hirayama Law Offices and Brendan Fee, Morgan Lewis; Moderator: Davit Akman, Borden Ladner Gervais LLP)
  • 17 September 2021, Swiss Association for Public Procurement (SVöB), "ARGE – im Grundsatz kartellrechtlich zulässig und im Zweifelsfall vergaberechtlich sanktionsbedroht?" (together with Frank Stüssi, Vice Director Secretariat COMCO), SVöB General Meeting
  • 10 December 2020, CMS Webinar "Neuerungen im Schweizer Vergaberecht"
  • 22 September 2020, ABA Panel "Consideration of Public Interests in Competition Analysis" (co-chair and moderator), Virtual Annual Meeting of ABA Business Law Section (speakers: Christiane Dahlbender, MARS, Synda Mark, US Federal Trade Commission (FTC), Paul Csiszar, DG Comp and Deona Khala, Alston & Bird)
  • 9 April 2020, CMS Webinar "Aktuelle Rechtsfragen im Zusammenhang mit COVID-19 (Coronavirus) – Fokus Schweiz"
  • 5 March 2020, Debating Competition, Zurich, "Kompensationszahlungen: Wundermittel ohne Nebenwirkungen?" (co-speaker: Dr David Bruch, Secretariat of the Swiss Competition Commission)
  • 17 April 2019, Studienvereinigung Kartellrecht, Zurich, "Verhandlung und Abschluss von einvernehmlichen Regelungen (EVR) – Erfahrungsbericht zu jüngeren Entwicklungen in der Behördenpraxis"
  • 31 October 2018, CMS Competition and Public Procurement Breakfast 2018, Zurich, "Die kartellrechtliche Beurteilung verschiedener Kooperationsformen bei der Teilnahme an staatlichen und privaten Auftragsvergaben“
  • 28 August 2018, Presentation and Antitrust Law Training for major Swiss construction company, "Das Kartellrecht und Ihr Unternehmen – Kartellrechtsverstösse und ihre Auswirkungen"
  • 26 September 2017, Chamber of Commerce of the Stuttgart Region, "Abwicklung von (öffentlichen) Aufträgen in der DACH-Region, Einblick in das Schweizer Vergaberecht"
  • 15 June 2017, Annual Congress of Swiss Bar Association, Lucerne, "Der Weg in die Selbständigkeit – Erfahrungsberichte aus verschiedenen Blickrichtungen"
  • 7 April 2017, International Association of Young Lawyers (AIJA), Public Law Commission Seminar, Lausanne, "Setting the scene: the legal framework concerning public procurement" (co-speaker: Katarzyna Kuzma, Domanski Zakrewski Palinka, Poland)
  • 16 November 2016, CMS Competition Breakfast 2016, Zurich, "Antitrust Damages Claims in the EU and Switzerland – Legal Framework and Practical Questions" (co-speakers: Satyen Dhana, CMS London and Tim Reher, CMS Hamburg)
  • 20 October 2016, Schweizerischer Fachverband Fenster- und Fassadenbranche (FFF), Gossau, "Das Kartellrecht und Ihr Unternehmen – Kartellrechtsverstösse und ihre Auswirkungen"
  • 18 November 2015, CMS Commercial Breakfast 2015, Zurich, "AGB – Verloren im Kleingedruckten" (co-speaker: Reto Hunsperger)
  • 26 February 2015, CMS Commercial Breakfast 2015, Zurich, "'Liability' und 'Warranty' in Commercial Contracts unter Schweizer Recht – Lost in Translation" (co-speaker: Reto Hunsperger)
  • 11 December 2013, Verband Schweizerischer Elektro-Installationsfirmen (VSEI), Zurich, "Das Kartellrecht und Ihr Unternehmen"
  • 2 May 2013, Generalversammlung des Verbandes Schweizerischer Schloss- und Beschlägefabrikanten (VSSB), Murten, "Das Kartellrecht und Ihr Unternehmen"
  • 15 November 2012, Arbeitgebertagung der Arbeitgebervereinigung des Zürcher Unterlandes (AZU), Zürich, "Tangiert das Kartellrecht Ihr Unternehmen?"

Education

  • 2011 – Master of Advanced Studies (MAS), Graduate Institute of International and Development Studies (IHEI) and University of Geneva
  • 2007 – Master of Laws (LL.M.), University of New South Wales (Sydney, Australia)
  • 2003 – Bar Admission (partial remission for excellence in written exam)
  • 2000 – Law degree (lic. iur., summa cum laude), University of Fribourg and Katholieke Universiteit Leuven (Belgium)