In its decision 765/02 of 20 August 2020, the Takeover Board partially approved LLB Swiss Investment AG's objection to decision 765/01 of 13 July 2020 and established in particular that the formally selective opting-up clause, which was voted on at the Extraordinary General Meeting of MCH Group AG on 3 August 2020, is invalid under takeover law.
MCH Group AG and Lupa Systems LLC have filed appeals against this decision. FINMA's Takeover and State Liability Committee has rejected the appeals in its ruling of 16 October 2020. An appeal against this ruling may be filed with the Federal Administrative Court.