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24 May 2017: Cellnex Telecom in consortium with Deutsche Telekom Capital Partners and Swiss Life Asset Managers announce the acquisition of Swiss Towers AG from Sunrise Communications

Sunrise Communications and a consortium led by Cellnex Telecom (54%) and further comprising Swiss Life Asset Managers (28%) and Deutsche Telekom Capital Partners (18%) (the "Consortium") announced today that they have reached an agreement regarding the sale of Swiss Towers AG ("Swiss Towers"), which owns a portfolio of 2'239 telecom towers in Switzerland. The transaction remains subject to merger clearance and certain further conditions.

Under the transaction the Consortium will acquire Swiss Tower for a total consideration of € 430 million free of cash, in an acquisition that will increase the number of sites managed by Cellnex in Europe by 2'239, pushing the total operated in Spain, Italy, Switzerland, France, Netherlands and the United Kingdom to over 23'000.
As part of the transaction Swiss Towers and Sunrise have entered into a Master Service Agreement ("MSA") for an initial period of 20 years, extendible by a further 20 years in two 10-year tranches.

Thereby Cellnex Telecom becomes the first independent wireless telecommunications services and infrastructure operator to enter Switzerland, consolidating the Company’s position in Europe with more than 23'000 sites across Spain, Italy, France, Netherlands, the UK, and now Switzerland.

Niederer Kraft & Frey acted as legal adviser to the Consortium. The NKF team was led by M&A partner Philippe Weber and Technology partner András Gurovits acting as deputy and covered in particular the following areas:

  • M&A: Philippe Weber, Moritz Maurer, Julia Tolstova, Alex Attinger
  • Telecom (including MSA): Andras Gurovits, Maxim Eifinger, Rune Müller
  • Financing: Marco Häusermann, Christine Hohl
  • Anti-trust: Andras Gurovits, Nicolas Birkhäuser, Lukas Fahrländer
     

12 May 2017: Niederer Kraft & Frey advises BioTelemetry, Inc. on its competing public tender offer to the shareholders of LifeWatch AG

Niederer Kraft & Frey (NKF) is advising BioTelemetry, Inc. on the public tender offer made by its subsidiary Cardiac Monitoring Holding Company, LLC for all publicly-held registered shares of LifeWatch AG. The transaction is a recommended competing bid in which LifeWatch shareholders are offered cash and shares of BioTelemetry common stock, with a total transaction value of approximately CHF 260 million. The transaction is expected to close in June 2017.

BioTelemetry, Inc., headquartered in Malvern, Pennsylvania, USA and listed on NASDAQ, provides monitoring services and digital population health management in a healthcare setting, medical device manufacturing, and centralized core laboratory services for clinical research. SIX Swiss Exchange listed LifeWatch AG is a leading health care services and technology company, specialized in providing remote wireless diagnostic monitoring services as well as developing and manufacturing advanced digital health systems.

The NKF team is led by Philipp Haas (partner) and Thomas Brönnimann (partner) and further consisted of Deirdre Ni Annrachain (associate), Julia Tolstova (associate), Samuel Hochstrasser (associate) and Alexander Göbel (junior associate, all corporate/M&A).

NKF acted alongside Greenberg Traurig, LLP, who acts as U.S. counsel to BioTelemetry, Inc.

11 April 2017: Niederer Kraft & Frey advises Boston Scientific as Swiss Counsel on the acquisition of Symetis

Niederer Kraft & Frey (NKF) advised Boston Scientific Corporation, USA as Swiss counsel on the acquisition of Symetis SA for USD435 million. Headquartered in Ecublens, Switzerland, Symetis is a leading European developer of innovative, minimally invasive heart valve replacement devices. The transaction is subject to antitrust approval, and closing is anticipated for the second half of 2017.

The NKF team was led by András Gurovits (partner, technology/M&A) and Patrik R. Peyer (partner, corporate/M&A) and further consisted of Daniela Schmucki (partner, tax), Valerie Meyer Bahar (partner, employment), Evelyn Schilter (senior associate, corporate/M&A), Roman Sturzenegger (senior associate, corporate/M&A), Mirjam Vögeli (senior associate, corporate/M&A), Livia Keller (associate, employment), Teuta Imeraj (associate, tax), Daniel Juri (junior associate, corporate/M&A) and Rune Müller (junior associate, corporate/M&A).

Niederer Kraft & Frey acted alongside Latham & Watkins, who acted as international counsel to Boston Scientific Corporation.

8 June 2017: Niederer Kraft & Frey hosts SCCC Legal Chapter Forum 2017

Niederer Kraft & Frey (NKF) is the host of this year's Swiss-Chinese Chamber of Commerce (SCCC) Legal Chapter Forum which will be held on 8 June 2017.

Programme/Invitation

 

23 May 2017: NKF in cooperation with SFTA, Holland FinTech and the Netherlands Embassy invite to the information reception of the FinTech Trade Mission to Canada + Sibos

On 23 May 2017, Niederer Kraft & Frey (NKF) in cooperation with the Swiss Finance + Technology Association (SFTA), Holland FinTech and the Netherlands Embassy invited to the information reception of the FinTech Trade Mission to Canada + Sibos.

Invitation/Programme

Fintech Canada    Fintech Canada

Fintech Canada    Fintech Canada

17 May 2017: NKF Seminars: Data protection – why companies in Switzerland need to (re)act!

Every company in Switzerland processes personal data. As planned revision of the Swiss Data protection Act will increase duties of entities processing personal data and will implement a much stricter sanction regime for cases of violations of data protection law, companies must act now. There will be no exceptions for smaller companies or specific groups of entities. In parallel, EU data protection legislation is being revised in a similar way and Swiss companies may be affected by these new EU rules too.

It is expected that the new rules will come into force by mid 2018. Hence, every Swiss company will have to be
ready by then as a matter of compliance.

The NKF Technology team is delighted to invite you to a series of events covering this topic. In Q&A sessions lasting 60 minutes, the new data protection legislation in Switzerland and the EU as well as measures to be taken in these circumstances will be addressed and discussed. In respect of EU law matters we may count on the support from guest speakers coming from EU jurisdictions.

We look forward to welcoming you to our seminars.

 

Some impressions of our NKF data protection client Seminar

Breakfast Event Datenschutz Mai 2017    Breakfast Event Datenschutz Mai 2017

Breakfast Event Datenschutz Mai 2017    Breakfast Event Datenschutz Mai 2017