Insights from our latest deal in the health industry

Alain Friedrich
Alain Friedrich

Lex Futura just had another opportunity to advise in interesting M&A transaction in the health care industry. This time we advised the seller of a health care company in a share deal with a consideration of around CHF 4 Mio. to a private equity owned health care group.

While many aspects of the M&A transactions in the health industry sector follow common rules, some peculiarities need be considered carefully. One of the most important issues in our latest deal was how to create a legal setup in relation to medical secrecy and protection of sensitive personal data of patients. An issue that needed to be solved before deal closing.

In collaboration with our client as well as with the buyer and its legal representatives, we came to a solution that suited the sellers’ and the buyers’ needs and allowed a sale of the Company without risking a violation of medical secrecy.

Since Lex Futura was engaged quite late in the process, the issue of medical secrecy popped-up only after we analysed potential risks of the seller and turned the deal closing into a stressful period. As such, one of the main learnings for sellers of health care company is to engage legal counsel before actively looking for buyers.

Solving potential legal issues before actively engaging in price discussions not only smoothens the sale process but can potentially lead to higher purchase prices.

 
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