Profile

Nicolas Birkhäuser combines his first-rate practice in competition law with strong expertise in IP.  He is distinguished as a leading lawyer by Chambers, Legal 500, Best Lawyers and other legal directories.

Deals & Cases

05.07.2022
FEMSA and Valora join forces – Agreement on the acquisition of Valora Holding AG by FEMSA, a leading Latin American retailer by way of public tender cash offer
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Nicolas Birkhäuser has extensive experience representing companies in cartel and abuse of dominant position investigations as well as in merger control proceedings, including multijurisdictional coordination. Nicolas Birkhäuser also focuses on IP, including in particular transactions and IP related contracts.

Nicolas Birkhäuser advises companies across a broad range of industries, including the automotive sector, financial services, insurance, chemicals and pharmaceuticals, consumer goods, food, mechanical engineering, construction, wholesale and retail, media, telecommunications, IT and sports.

Nicolas Birkhäuser successfully represents leading companies in these industries in high-profile transactions, including, among other things, the setup and growth of their business, cooperation, distribution, sourcing, R&D, market dominance and compliance.

The following is a selection of cases in which Nicolas Birkhäuser acted as a counsel:

  • Merger control proceedings, such as the acquisition of SIX Payment Services by Atos / Worldline, European leader in the payments and transactional services industry, 2018
  • Cartel and abuse of dominance investigations by the Competition Commission
  • Counsel to leading bank in investigation of alleged LIBOR rate manipulation, 2017-2017, partly ongoing
  • Counsel to leading bank in investigation of alleged misconduct relating to FX, 2014-ongoing
  • Counsel to premium car manufacturer in investigation of alleged collusion with regard to leasing conditions, 2014-ongoing
  • Counsel to major construction company in investigations of alleged bid rigging, 2009-ongoing
  • Counsel to BMW as defendant in a major parallel import case, 2010-2017
  • High-profile transactions including competition law and IP, among others, the takeover of Actelion by Johnson & Johnson, 2017, and the cooperation between Navistar Inc. and MAN/Volkswagen, 2017
  • Counsel to Procter & Gamble for competition law and IP, ongoing
  • Counsel to Coop Genossenschaft, major Swiss retailer, for competition law, ongoing
  • Counsel to Chr. Hansen Holding A/S on matters concerning intellectual property, including in particular technology transfer and licensing, in the context of its agreement with Lonza AG to establish a 50/50 joint venture
  • Counsel to ASSA ABLOY AB on matters concerning intellectual property in the context of its acquisition of a 54% controlling stake in agta record ag
  • Disputes including competition law and IP

Deals & Cases

31.03.2025

Persán acquires Mibelle

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05.02.2025

Romer’s Hausbäckerei of IDAK acquires 100% of Kern & Sammet AG

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20.12.2024

EK-Pack Folien sells its shares in Vacopack

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Market Perception

«Nicolas Birkhäuser has a brilliant legal mind, is a great team player and is fun to work with. He is top-notch in Swiss competition law. »
Chambers Europe 2025

Awards & Rankings

07.04.2025

NKF wins “Impact Deal Award” at the IFLR Europe Awards 2025

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06.02.2024

Nineteen NKF lawyers listed as “Thought Leaders Switzerland 2023” by Who’s Who Legal

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09.08.2023

NKF recognised as highly recommended firm for IP Transactions by IP Stars 2023 – Switzerland

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Firm News

01.01.2011

Niederer Kraft Frey appoints two new Partners and welcomes Prof. Dr. Rolf Sethe as new Of Counsel

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In the Media

25.09.2017

Cross-border cooperation of national competition authorities

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Publications

21.01.2025

Relative Marktmacht im ersten Entscheid der Wettbewerbskommission (WEKO) verneint, 2024

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07.03.2024

Competition Law in Switzerland: Overview (Übersicht über das Schweizer Kartellrecht), 2024

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15.11.2022

Non-Compete, Non-Solicitation und Retention-Agreements in M&A-Transaktionen 2022

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Speaking Engagements

20.09.2024

Relative Marktmacht am Beispiel des ersten Falls der Wettbewerbskommission WEKO / Marktbeherrschung (R…

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16.11.2023

Wann ist ein Preis ein Preis? (When is a price a price?), 2023

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23.06.2023

Roundtable – Marktmachtmissbrauch – Quo Vadis? (Roundtable – Abuse of Dominance – Quo Vadis?),…

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Newsletters & Alerts

10.07.2024

Competition Commission (COMCO) rules for the first time in a case on relative market power – COMCO d…

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22.04.2020

Competition Law – COVID-19 Update

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02.05.2017

Major re-interpretation of Swiss competition law

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