Executive Summary

The Public Prosecutor's Office of the Canton of Bern has dismissed criminal proceedings against Prof. Dr. Michael Liebrenz, President of the Federal Commission for Quality Assurance in Medical Expert Reports (EKQMB). The allegations concerned alleged violations of the Federal Act Against Unfair Competition (UWG) and defamation in connection with an EKQMB recommendation regarding the expert assessment office PMEDA AG. The dismissal order is final and has not been contested. The EKQMB views the decision as confirmation of its independent work in fulfilling its statutory mandate.

Persons

Topics

  • Medical expert reports
  • Quality assurance
  • Criminal law/competition law
  • Swiss regulatory independence

Clarus Lead

The decision ends a conflict that had questioned the independence of Swiss regulatory authorities. For the EKQMB and the Swiss medical expert assessment system, the dismissal creates legal certainty – and signals that professionally justified quality reviews must not be misunderstood as violations of competition law. This is relevant for the Commission's future recommendations, which can now be made without fear of criminal consequences.

Detailed Summary

The EKQMB was established by federal law with the mandate to systematically review the quality of medical expert reports and develop recommendations for quality assurance. In fulfilling this mandate, the Commission conducted a professional analysis of expert reports from PMEDA AG and published corresponding recommendations. This publication was consistent with the Commission's statutory mandate and was based exclusively on professional criteria.

The allegations raised against Liebrenz and the former head of the specialist office concerned possible violations of the Federal Act Against Unfair Competition as well as defamation. However, the Bern Public Prosecutor's Office concluded that these allegations provided no relevant grounds under criminal or competition law. With the finality of the dismissal order, the proceedings are concluded and can no longer be contested.

Key Statements

  • Criminal proceedings against EKQMB President and former specialist office head finally dismissed
  • Professionally justified quality recommendations are not violations of competition law
  • EKQMB confirms its independence in fulfilling its statutory mandate for quality assurance of medical expert reports

Critical Questions

  1. Source Validity: What specific findings led to the dismissal – was the Public Prosecutor's reasoning published or kept confidential?

  2. Conflicts of Interest: What relationships existed between PMEDA AG and the actors who raised the allegations?

  3. Causality: Can it be verified whether the EKQMB recommendation regarding PMEDA was actually based solely on professional criteria or whether other factors played a role?

  4. Feasibility: What safeguards will ensure in the future that similar allegations against the EKQMB cannot be raised again?

  5. Transparency: Will the PMEDA AG expert reports and the EKQMB analysis be made publicly accessible to ensure verifiability?

Sources

Primary Source: Swiss-EU Package (Bilateral III) – Criminal Proceedings Against EKQMB President Dismissed – https://www.news.admin.ch/de/newnsb/jS3qTaDyj691DxIgh-nHz

Supplementary Resources:

  • EKQMB Website: https://www.ekqmb.admin.ch

Verification status: ✓ 22.07.2026

This text was created with the support of an AI model. Editorial responsibility: clarus.news | Fact-check: 22.07.2026