Markus Schott

Bär & Karrer Ltd

Zurich www.baerkarrer.ch

markus.schott@baerkarrer.ch Tel: +41 58 261 54 77

Biography

Markus Schott is a partner at the law firm Bär & Karrer in Zurich, where he co-heads the life sciences practice group. For 20 years, he has been active as a lawyer in the field of healthcare law. The focus of his practice is on advising on all types of regulatory issues as well as on party representation in administrative and judicial proceedings. Markus Schott is also a professor at the University of Zurich. He received his legal education in Basel and Neuchâtel (lic.iur.) as well as at Harvard Law School (LLM).

In your opinion, how does public interest in healthcare influence how legal decisions are made?

In all jurisdictions, healthcare is a highly controversial and therefore also political subject. Modern medicine has even increased the importance of ethical considerations, e.g. regarding genetic testing, use of big data, or access to innovative treatments. Moreover, new sophisticated treatment options typically come at a price, challenging the traditional financing schemes. It is therefore inevitable that the public interests at stake do not only shape the lawmaking but are also taken into consideration when it comes to the application of the law and even in court proceedings. I see this a lot in my practice, for example, when negotiating and litigating pricing decisions taken by the government with regard to novel medicines. While this sometimes makes my job more difficult, I also find these aspects most interesting.

In contentious cases involving the life sciences and healthcare, how do you maintain a broader perspective to reflect the current political, economic and social landscape?

As a life sciences lawyer, you need to be curious and interested in many respects. It is not only key to stay up to date with regard to new regulations and case law (and, of course, scientific developments in medicine). You also need to be aware of how issues are perceived by different stakeholders (pharma companies, doctors, hospitals, insurers, patient organisations, etc) and the public. When advising and representing a client, all these factors should be taken into account in order to get to the best solutions.

In your opinion, to what extent do legal decisions impact the price of medicines produced by the pharmaceutical industry?

This of course very much depends on the legal system of a given country. However, in many countries, prices of medicines are in some way or another determined by the government or other institutions. Sometimes, parliaments define the basic rules, but typically, there is a lot of discretion left to the competent agencies. This can become problematic because these governmental bodies have the power to decide unilaterally on prices. Even if there is a possibility to appeal such pricing decisions, courts generally refrain from interfering too much, and as long as the appeal proceedings go on, there is no reimbursement that is detrimental for the patients in the first place. In my view, negotiations between insurers and pharmaceutical companies could often lead to better results.

In your view, what have been the biggest legal challenges facing the healthcare sector since the outbreak of the coronavirus pandemic?

Of course, the pandemic has put the healthcare sector in the spotlight of public attention like no other recent event. This ranges from intensive care units in public hospitals, to the provision of tests, vaccines, masks and other products to combat the pandemic, to the roles of governments, the medical profession and even healthcare as such. Legally, the pandemic was most challenging when it came to weighing the various interests at stake, typically personal freedom versus protection of persons at risk. Also, farreaching decisions had to be taken in very short intervals, and there was no real possibility for judicial review.

What have been the most notable changes to your practice area since the start of your career?

I would say that generally, regulation has increased and broadened to an unprecedented extent. New rules have been created regarding many aspects of healthcare, such as financial benefits, genetic testing, data protection, etc. A lot of these rules have been driven by new scientific developments, but also by shifts in policy. Consequently, our work as life science lawyers has become much more complex but also more interesting. The other massive change is speed, with regard to both lawmaking and also the business as such. Contracts are drafted and negotiated much more efficiently than, say, 10 years ago. And finally, I would mention that we see much more public attention to many aspects of healthcare law.

To what extent has the rate of digital technology being implemented in the healthcare sector had a significant effect on legal practice?

Digital technology has changed and still changes the healthcare sector profoundly. We see this most evidently when it comes to data processing. Digital patient records, data generated by wearables, the connection between service providers and insurers all lead to a massive load of really big data. This data can be used to improve the diagnosis and treatment of diseases, which will radically change the medical profession – and bring along new legal issues relating to data protection, non-discrimination of patients, etc.

In your experience, what are the main benefits of working with international clients?

I advise and represent both national and international clients and find both aspects of my work equally rewarding. The international dimension can offer new perspectives on legal issues, eg, when you learn about other countries’ solutions which differ from the ones you know already. I always try to learn as much as I can from what I hear and see abroad in order to use that knowledge for the benefit of all my clients.

Which types of cases do you typically find most interesting to be involved in and why?

Luckily, I find all of my cases extremely interesting. This is so firstly because no two cases are identical. There is really very little routine in my work, which is why I like it so much. Second, this field of the law is evolving virtually every day, so there are always new issues to be addressed and solutions to be found.

WWL says: Markus Schott is “an efficient and knowledgeable” practitioner celebrated for his outstanding knowledge of life sciences regulation.