Marcel Meinhardt
Office:
Brandschenkestrasse 24
CH-8027
City:
Zurich
State:
Zurich
Country:
Switzerland
Tel:
+41 58 450 80 00
Fax:
+41 58 450 80 01

Questions and Answers:

Who's Who Legal Thought Leaders - Competition: Lawyers

Dr Marcel Meinhardt specialises in all areas of Swiss and European merger control work and competition law. He advises in contentious and non-contentious matters and has acted in high profile cases on alleged abuses of dominant positions, vertical restraints, cartels and merger cases. Marcel Meinhardt heads the competition and regulated market practice group of Lenz & Staehelin in Zurich. The leading Swiss business magazine Bilanz elected him as the most recommended competition lawyer in Switzerland.

WHAT INSPIRED YOU TO ENTER THE LEGAL PROFESSION?

Solving intellectually challenging problems and advising other people.

WHAT ARE THE KEY QUALITIES OF A SUCCESSFUL COMPETITION LAWYER?

Understanding the law, the markets, the client and the authority.

WHAT IS YOUR BIGGEST MOTIVATOR?

Make the client happy!

AS HEAD OF THE FIRM’S COMPETITION AND REGULATED MARKET PRACTICE GROUP, HOW DO YOU SEE THE PRACTICE DEVELOPING OVER THE NEXT FEW YEARS?

The Swiss authority has been fairly active in the past years. We had the privilege of being involved in practically all major cases, from Libor and online booking to sports content and interchange; and from abuse of dominance over vertical restraints to hard-core cartel work. Our practice will grow even further if we continue to convince foreign and Swiss clients that we can solve their problems here in Switzerland given the unrivalled experience we have in the meantime. And of course, the level of enforcement activity of the Swiss authority will play a major role. If private enforcement would become an option in Switzerland this would of course boost the practice. However, this does not seem likely in the foreseeable future.

ACCORDING TO RECENT ANNOUNCEMENTS BY THE EUROPEAN COMMISSION, DEALS THAT BREACH EU MERGER CONTROL RULES MAY BE UNWOUND IN FUTURE. HOW EFFECTIVE ARE FINES AS DETERRENTS FOR SERIOUS BREACHES OF EU MERGER CONTROLS?

This certainly depends on the level of fines. However, fines that are high enough have a deterrent effect – certainly in my experience. Unwinding seems very difficult from a Swiss law perspective given that any measure of the authority needs to be proportionate and that a then dominant undertaking would still be under the “control” of article 7 of the Swiss anti-trust code (equivalent of article 102).

SOURCES HAVE POINTED TO THE INCREASED SCRUTINY OF LARGE TECH COMPANIES BY THE EUROPEAN COMMISSION. WHAT ARE THE KEY ISSUES IN DETERMINING WHETHER ACCESS TO AND CONTROL OVER DATA IS ANTICOMPETITIVE?

I do not believe that the test should be any different than under the “traditional” one. However, it needs to be taken into consideration that data may be multiplied. By this I mean that unlike from selling a good that I have disposed of, I still have the data once I have transferred it and may disclose it to someone else. That is why I believe that foreclosure effects are generally speaking less likely.

IS AN ALIGNED EU COMPETITION FRAMEWORK IN THE BEST INTERESTS OF ALL MEMBER STATES?

This depends on the result of the alignment. The competition framework of each member state
should ensure workable competition. In my view, some authorities go far beyond that and try to regulate markets. This is not an alignment I believe to be
the goal.

LOOKING BACK OVER YOUR CAREER, WHAT ARE YOU MOST PROUD OF THUS FAR?

Having created roughly 20 new jobs in the firm.

Biographies:

Who's Who Legal Competition: Lawyers

Dr Marcel Meinhardt is a leading expert in competition law and is renowned for his broad, first-rate practice. He specialises in all areas of Swiss and European merger control work and competition law, particularly in the postal services, insurance, banking, motor car, energy, media, retail, construction, pharma, ticketing and IT. Marcel Meinhardt also advises on regulatory issues in connection with the electricity and gas industry. He has been responsible for a large number of merger notifications to the Swiss Competition Commission and coordinated multi-jurisdictional merger filings. Marcel Meinhardt advises in contentious and non-contentious matters and has acted in high-profile cases on alleged abuses of dominant positions, vertical restraints and cartels. He heads the competition and regulated market practice group of Lenz & Staehelin.

Marcel Meinhardt is a board member of the Swiss Association for Competition Law (Swiss member of the International League of Competition Law). He is also a regular speaker at Swiss and international competition law conferences.

Marcel Meinhardt holds a law degree from the University of St Gallen (1990), an LLM from the New York University School of Law (1994) and an LLM from the College of Europe (1995). He completed his doctoral thesis at the University of Zurich (1996). Admitted to the Zurich Bar (1992), he joined Lenz & Staehelin in 1996, and has been a partner since 2002. He speaks German, English and French.

Marcel Meinhardt is a member of the following professional associations: the Swiss Association for Competition Law (ASAS), the Zurich Bar Association (ZAV), the Swiss Bar Association (SAV), Studienvereinigung Kartellrecht eV, the International Bar Association (IBA) and the American Bar Association (ABA).

Lenz & Staehelin is the largest Swiss law firm with over 200 lawyers and with offices in Geneva, Zurich and Lausanne. Lenz & Staehelin's scope of activities covers all areas of business law for Swiss and international clients.

WWL says: Marcel Meinhardt is renowned for his record in competition and merger control, with one peer saying: "I strongly recommend him. He's excellent."

This biography is an extract from Who's Who Legal: Competition which can be purchased from our Shop.

Who's Who Legal Switzerland - Competition

Dr Marcel Meinhardt is a leading expert in competition law and is renowned for his broad, first-rate practice. He specialises in all areas of Swiss and European merger control work and competition law, particularly in the postal services, insurance, banking, motor-car, energy, media, retail, construction, pharma, ticketing and IT. Marcel Meinhardt also advises on regulatory issues in connection with the electricity and gas industry. He has been responsible for a large number of merger notifications to the Swiss Competition Commission and co-ordinated multi-jurisdictional merger filings. Marcel Meinhardt advises in contentious and non-contentious matters and has acted in high profile cases on alleged abuses of dominant positions, vertical restraints and cartels. He heads the competition and regulated market practice group of Lenz & Staehelin.

Marcel Meinhardt is a board member of the Swiss Association of Competition Law (Swiss member of the International League of Competition Law). He is also a regular speaker at Swiss and international competition law conferences.

Marcel Meinhardt holds a law degree from the University of St Gallen (1990), an LLM from the New York University School of Law (1994) and an LLM from the College of Europe (1995). He completed his doctoral thesis at the University of Zurich (1996). Admitted to the Zurich Bar (1992), he joined Lenz & Staehelin in 1996, and has been a partner since 2002. He speaks German, English and French.

Marcel Meinhardt is a member of the Swiss Association of Competition Law (ASAS), the Zurich Bar Association (ZAV), the Swiss Bar Association (SAV), the Studienvereinigung Kartellrecht eV (Antitrust Law Association), the International Bar Association (IBA) and the American Bar Association (ABA).

Lenz & Staehelin is the largest Swiss law firm with over 200 lawyers and with offices in Geneva, Zurich and Lausanne. Lenz & Staehelin's scope of activities covers all areas of business law for Swiss and international clients.

WWL says: Marcel Meinhardt is noted by respondents to be "a top partner at the firm and in Swiss competition law” who has a wealth of experience in the field.

This biography is an extract from Who's Who Legal: Switzerland which can be purchased from our Shop.

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