In its decision 765/02 of 20 August 2020, the Swiss Takeover Board partly endorsed the objections raised by LLB Swiss Investment AG to decision 765/01 of 13 July 2020. The board held that the formally selective opting-up clause, which was voted on at MCH Group AG’s extraordinary general meeting of 3 August 2020, is invalid under takeover law.
MCH Group AG and Lupa Systems LLC have lodged appeals against this decision. FINMA’s Takeover and State Liability Committee is now considering the appeals.
