Mauro Nicoli

Mauro Nicoli

lic. iur., LL.M., attorney-at-law, Partner

Member of the Competition Commission (COMCO)

Education

University of Zurich (lic. iur., 2006); admitted to the Bar (Zurich, 2012); University of Melbourne, Law School, LL.M. (Jessie Leggatt Price)

Professional Experience

Legal trainee (2007) and legal associate (2008 – 2010)  at the Secretariat of the Swiss Competition Commission; trainee (2010-2011) and lawyer (2013-2020) at a large international law firm in Zurich; since 2020 at Holenstein Brusa

Languages

German, English, Italian, French

Preferred Areas of Practice

The advice and support of companies and individuals in (pre-)litigation and arbitration proceedings are core skills of our lawyers:
  • Pre-Litigation: We analyse the factual and legal situation, assess the litigation prospects and risks of your case and - if appropriate - conduct out-of-court settlement discussions with the counterparty.
  • Litigation and Arbitration: We develop sustainable litigation strategies and draft efficient legal submissions, assist you in court hearings and meetings with authorities and - if necessary - challenge court decisions.
Furthermore, we advise and represent our corporate clients in national and international arbitration proceedings in manufacturing, commercial as well as (financial) services related legal fields. Our lawyers are also regularly being appointed as experts or arbitrators. We have profound experience in legal advisory and representation services to corporate and private clients with regard to proceedings in the field of international mutual assistance in civil, administrative and criminal matters (including the areas of information exchange in the field of international criminal tax, financial markets, transfer of cultural property and sanctions control). Notably, this includes counselling and representing clients regarding:
  • the transmission of information and evidence abroad
  • cross-border inter-corporate investigations
  • issues concerning data protection
  • the detection and recovery of assets in Switzerland
  • the seizure, unfreezing and repatriation of such assets
We have extensive experience in advising and representing companies and their executive officers and directors in both national and complex international restructuring and insolvency cases:
  • representation of creditors or debtors in restructuring and insolvency cases
  • representation of creditors in creditors’ committees
  • representation of creditors or debtors in enforcement, attachment, garnishment or seizer proceedings
  • representation of creditors, debtors or insolvency estates in litigation proceedings (see also Litigation and Arbitration)
  • running insolvency proceedings as commissioner (Sachwalter), extra-ordinary trustee in bankruptcy (ausseramtliche Konkursverwaltung) or liquidator
  • advising and supporting foreign bankruptcy trustees to attract and include assets located in Switzerland within the foreign bankruptcy estate
  • provision of legal or expert opinions on matters of Swiss insolvency law
We advise Swiss and international clients on all aspects of competition law and represent them in proceedings before competition authorities and courts. Our services encompass in particular:
  • advice on agreements among competitors
  • advice regarding distribution networks
  • advice of clients with a dominant position in the market
  • merger control filings in Switzerland and coordination of international merger control procedures
  • representation of clients in proceedings before the Swiss competition authorities and before courts
  • representation of clients in competition proceedings under civil law before both state courts and arbitral tribunals
  • support of clients in the event of dawn raids
We have a profound knowledge of and extensive experience in legal advisory work and representing banks, pension funds, asset managers and family offices as well as private clients in all national and international (cross border) matters of banking and financial market laws and regulations, namely:
  • Contracts / General Terms and Conditions: Drafting and advancement of contracts as well as general terms and conditions related to banking and financial markets
  • Loan Security: Contracts on loan securities, bank guarantees etc.
  • Digital Banking: Development of legally compliant digital procedures and related documents
  • Opinions: Drafting of legal opinions and expert opinions
  • Collective Investment Schemes: Foundation and Distribution
  • Directive System: Drafting and implementation of directives, internal rules, by-laws and regulations etc.
  • Investigation: Advice and support with regard to internal investigations
  • Outsourcing Legal: Provision of outsourced legal services as a relief of internal legal and compliance
  • Regulatory Matters: Advice on regulatory developments and their internal implementation
  • Litigation: Advice and representation of financial institutions as well as institutional and private clients in (pre-)litigation and arbitration proceedings (see also Litigation and Arbitration)

Your contact person according to area of practice