Roger Thomi is a counsel in the Antitrust & Competition Practice Group and in the Commercial Practice Group in Zurich. He has extensive experience in his area of expertise and focuses on all aspects of competition law and commercial law, particularly distribution law and product regulatory compliance.
The Legal 500 ranked Roger as a “Rising Star" in competition law who is "highly qualified," "pro-active" and "delivering high-quality and practical advice within a short time."
Roger advises Swiss and international clients on all aspects of Swiss and European antitrust and competition law, as well as regarding commercial agreements and transactional matters. He assists clients in drafting all kinds of commercial agreements, particularly distribution, agency, franchise, e-commerce and joint venture agreements s. In addition, he helps clients strengthen and transform their supply chains.
Roger's experience also includes the introduction of selective or exclusive international distribution systems and the structuring of horizontal cooperation agreements (e.g., R&D cooperation, joint purchasing and joint production) and strategic alliances between competitors. He also represents parties before competition authorities and courts, including in national and international merger control or investment control filings, cartel investigations and abuse of dominance proceedings, as well as in commercial disputes.
Roger has extensive industry expertise in the food and beverages and pharmaceutical industries. With his practical knowledge in food regulatory matters, he supports clients in launching food innovations, in food labelling and marketing, as well as in sustainability. He also regularly advises healthcare and pharmaceutical companies in connection with distribution of their products.
Representative Legal Matters
- Represented successfully a Swiss subsidiary of a global construction company in an investigation by the Swiss Competition Commission, with no fine for the client.
- Advised an international luxury brand in the restructuring of their distribution system and the implementation of a selective distribution system.
- Advises a multinational quick-service restaurant holding company in their food marketing campaigns and sustainability transformation.
- Represented Hitachi Ltd on its USD 11 billion acquisition of the ABB Power Grid business in the Swiss merger control proceeding before the Swiss Competition Commission.
- Advised Mérieux Equity Partners on foreign investment control proceedings in connection with its investment in Swixx Biopharma.
- Represented and advised Viasat in foreign investment control proceedings in connection with its acquisition of EBI and the KA-SAT satellite.
- Advised a multinational biotechnology company on its new global distribution contract for the international distribution of medicines.
- Advised a major international access solutions company in multinational merger control proceedings.
- Advises a major international travel agency on antitrust compliance.
- Advises a major international beer brewer on competition law issues.
- Represented and advised a major Swiss bank on a merger control filing before the Swiss Competition Commission.
- Settled a pre-investigation of the Swiss Competition Commission against a manufacturer of consumer goods.
- Represented and advised an international energy and commodities trading company on a merger control filing before the Swiss Competition Commission.
- Advises a major international insurance company on antitrust compliance.
Professional Associations and Memberships
- Swiss Bar Association - Member
- Zurich Bar Association - Member, Study Group Competition Law
- Studienvereinigung Kartellrecht - Member
- Switzerland (2013)
- University of Zurich (lic. iur.) (2010)
- Author, Wettbewerbsrecht, in Wirtschaftsrecht 2022, Zurich 2022
- Speaker, "What applies for sustainability claims," 28 September 2021
- Speaker, "Rules around clean and health claims for food and beverages," 6 July 2021
- Speaker at Antitrust Law Update about New Swiss Geo-Blocking rules, 9 June 2021
- Speaker, "Alternative foods labelling rules: vegan and vegetarian alternatives to meat," 1 June 2021
- Speaker, Horizontal R&D cooperation, working session of Studienvereinigung Kartellrecht and the Center for the Law of Innovation and Competition of the University of Berne, 26 June 2020
- Author, Meldepflicht Fusionskontrolle, in Kartellrecht in der Praxis - erläuterte Beratungen des WEKO-Sekretariats, Basel 2018
- Co-author, Commentary on article 1 of the Swiss Merger Act, in: Stämpflis Handkommentar, Fusionsgesetz, 2nd Edition, 2015
- Co-author (with Philippe M. Reich), "Genuine Agents," Competition Law Insight, 13 May 2014
- Co-author (with Philippe M. Reich and Peter Reinert), "Swiss Court confirms Switzerland's aggressive stance on parallel trade," European Competition Law Review, Volume 35, Issue 5, 2014
- Co-author, Must-in-Stock-Produkte – Die Erweiterung des Begriffs der Marktbeherrschung, SZW 4/2012, 299