Benoît Merkt

Practice Areas

Competition and Regulated Markets, Investigations, Litigation and Arbitration

Career

Dr. Benoît Merkt is our managing partner and a leading expert in competition law. Based at the firm’s Geneva office, he specialises in all areas of competition law, notably in banking and finance, energy, high-tech, infrastructures (electricity), consumer goods, chemicals, luxury goods, motor-car distribution, public broadcasting and retail.

Renowned for his first-rate practice, Benoît has been responsible for a large number of merger notifications to the Swiss Competition Commission and coordinated multi-jurisdictional merger filings. Benoît has been representing clients for over 20 years in high profile competition law investigations of the Swiss Competition Commission in the field of horizontal (cartel) and vertical (distribution) agreements. He also regularly advises and represents clients in abuse of dominance cases and in merger control procedures. Benoît has successfully represented clients in several appeal procedures before the Swiss Administrative Tribunal and the Swiss Supreme Court. His first rate practice encompasses also public procurement matters and procedures.

Also head of the firm's Foundations and Philanthropy practice group, Benoît is a recognised expert in the legal structuring of charitable foundations in Switzerland and has been one of the country's leading advisers in this area for the last 20 years. In this time, he is proud to have incorporated some of the most significant foundations for global philanthropists.

Alongside his work at Lenz & Staehelin, Benoît serves on the board and act as chairman of several major Swiss charitable foundations. He is the author of a recent reference book on Swiss foundation law, published by Stämpfli in 2021.

University of Neuchâtel (lic iur 1992, Dr iur 2001), Bar Admission (1994), University of Oxford (Master in European and Comparative Law/Berrow Scholar, 1996), University of Bern, European&International Trade Law Institute (1997), Secretariat Swiss Competition Commission (1998), Joined Lenz&Staehelin (1999), Partner at Lenz&Staehelin (2006).

Professional Memberships

Swiss Association of Competition Law (ASAS), International League of Competition Law (LIDC), Swiss Bar Association, Competition Committee (SAV/FSA), International Bar Association (IBA), Union Internationale des Avocats (UIA), Former President of the Competition Commission of the UIA (from 2006 to 2008), Secretary of the Swiss section (from 1997 to 2002), Studienvereinigung Kartellrecht Schweiz

Personal

Languages: French, English, German