Sellers of homeopathic and cosmetics company win post M&A case before the Swiss Federal Supreme Court

On 18 February 2020, the Swiss Federal Supreme Court rejected post M&A claims brought by the purchaser of a well-known Swiss company that produces and sells homeopathic products and natural cosmetics on a worldwide basis, in particular in the US market. Niederer Kraft Frey represented the sellers of the company who fully succeeded.

The Swiss Federal Supreme Court held, in line with the judgements rendered by the Cantonal Court and the District Court, that the warranty claims had expired, that there was no intention of the sellers to deceive, that no damages in the US market were substantiated and that there was no causal nexus.

The NKF team was led by Dispute Resolution partner Daniel Eisele, working with partner Tamir Livschitz and senior associate Christa Sommer-Sprenger (both Dispute Resolution).