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Dr. Daniel Larcher

Associate
Baker McKenzie Rechtsanwälte LLP & Co KG

Biography

Dr. Daniel Larcher is a member of the Dispute Resolution Practice Group and heads the Healthcare & Life Sciences and International Commercial & Trade departments in Baker McKenzie’s Vienna office.

Daniel is author of numerous publications in his fields of expertise and holds lectures, workshops and training sessions. He received his PhD in 2006, and has since qualified to practice in Austria.

Practice Focus

Healthcare & Life Sciences

The Healthcare & Life Sciences practice focuses on key industries, such as medicinal products (drugs/medicines), medical devices & IVDs, biotechnology, biocidal products, or cosmetics and nutrition. Complementary, the practice covers the healthcare sector, in particular heath care organisations (HCOs) and health care professionals (HCPs).

The main practice focus lies on:

  • Clinical studies and product launches
  • Healthcare compliance, industry codes and ABC
  • Pricing & Reimbursement
  • Life Sciences Regulatory
  • Product promotion and unfair competition practices
  • Business licenses and permits
  • Market authorizations and conformity assessment procedures
  • Distribution and quality contracts
  • Vigilance, product safety and recalls
  • Life Sciences Transactions

Daniel frequently represents clients before courts and authorities.

International Commercial & Trade

The Commercial & Trade practice focuses on the international sourcing, manufacturing, distributing and selling of products and services, in particular via agency and brokerage models, or by way of distributors, such as authorized dealers or franchise systems. In practice, a crucial aspect are post-termination claims such as indemnities and investment compensations that may have overriding mandatory effect.

Correspondingly, the practice advises on trade compliance related issues such as anti-bribery and corruption, trade sanctions and export and import controls, as well as product labelling, product liability and safety (recalls and preventive measure), and sales promotion and marketing rules across multiple countries.

Another crucial regulatory aspect for engaging in commercial activities are business licenses and permits, such as obtaining the applicable trade licenses and facility permits, and appointing the required regulatory personnel.

In addition, the review and drafting of consumer contracts as well as advising in the course of class actions lodged by consumer associations (e.g., VKI) play an important role. Daniel advises and represents clients before courts and authorities.

  • Distribution Contract and Commercial Agreements
  • Business licenses and regulatory permits
  • Consumer contracts
  • Commercial litigation and arbitration
  • Consumer litigation and consumer class actions
  • Trade Compliance

Representative Legal Matters

Healthcare & Life Sciences

  • Advises Takeda and Corza in the course of an international transaction regarding the asset sale of manufacturing plants for medicinal products and medical devices as well as all regulatory aspects, including trade licenses and facility permits.
  • Advises PerkinElmer in a Mergers & Acquisitions transaction as well with regard to post-transactional matters such as toxins authorizations and radiation device registrations.
  • Advises and represents companies and governmental enterprises such as ELGA GmbH with regard to classification and launch of consumer apps and software in the medical and vaccination field.
  • Advised Austrian provincial states on medical devices operation duties and manufacturing with regard to devices, medtech and software and held workshops and presentations before clients and authorities.
  • Speaker and advisor relationship with Austromed – Austrian Industry Association for Medical Devices and their member companies regarding manufacturing & quality, distribution contracts, trade law and product marketing.

International Commercial & Trade

  • Advising a US motorcycle manufacturer with regard to consumer and B2B contracts as well as product safety and corrective measures.
  • Advising a leading German sports car group with regard to service agreements and charging infrastructure arrangements from a commercial and regulatory perspective.
  • Advising a multinational German motor car group on product recalls and product safety.
  • Advising remex group with regard to commercial customer contracts and works contracts.
  • Advising a Korean car manufacturer in drafting its standard distribution contracts for the EU.

Admissions

  • Austria (2010)

Education

  • University of Vienna (Dr. iur.) (2006)
  • University of Vienna (Mag. iur.) (2002)
  • University of Vienna (Degree Psychology)

Languages

  • English
  • French
  • German

Articles

Co-author (with Lukas Huber), "Zum Eingriffsnormcharakter des Ausgleichsanspruchs bei Vertriebsmittlern," ecolex 2023/417

Co-author (with David Kirnbauer), "Zur dinglichen Bescheidwirkung und Teilübertragungen," RdW 2023/419

Author, "Zur Entschärfung der Gewerberegistrierungspflichten beim gewerblichen Anbieten," ecolex 2022/508

Co-author (with Lukas Beiglböck), "Von der – partiellen – Geltung des neuen In-Vitro-Diagnostika-Rechts," ZfG 2022/40

Co-author (with Lukas Beiglböck), "Zur Entmystifizierung von Medizinproduktebetreiberpflichten," RdM 2022/194

Co-author (with Lukas Beiglböck), "Das neue Faire-Wettbewerbsbedingungen-Gesetz (FWBG)," ecolex 2022/152