David Mamane
Office:
Löwenstrasse 19
PO Box 2201
8021
City:
Zurich
State:
Zurich
Country:
Switzerland

Questions and Answers:

Who's Who Legal Thought Leaders - Competition: Lawyers

David Mamane, LLM (Bruges), is a partner in Schellenberg Wittmer’s competition group. His main areas of practice are competition/antitrust law, public law and distribution agreements. He regularly advises clients in proceedings before the Swiss ComCo and is experienced in all aspects of Swiss and European competition law, including national and multi-jurisdictional merger control procedures, cartel investigations, dawn raids, internal investigations, compliance and leniency procedures. He is a lecturer in competition law at the University of Lucerne.

WHAT ATTRACTED YOU TO A CAREER IN COMPETITION LAW?

My passion for competition law began during my LLM studies when I saw that competition law could never be fully understood without having an interest in the fundamental economic concepts. To be able to learn about new markets and to get to know the mechanics of these markets is one of the key drivers that makes competition law so interesting to me.

HOW EFFECTIVE IS THE SWISS COMPETITION COMMISSION (COMCO) IN PREVENTING ANTICOMPETITIVE BEHAVIOUR?

The ComCo has become more effective by increasing its activities in proactively detecting potential cartels. Due to public pressure there have also been many new procedures regarding distribution systems. In addition, the Swiss-EU cooperation agreement for competition matters has expanded the possibilities of the ComCo to cooperate with the European Commission and to receive information in potential parallel investigations.

WHEN IT COMES TO COMPETITION LAW, ARE THERE ANY AREAS IN WHICH EUROPEAN REGULATION IS LACKING?

In some instances, there is a lack of procedural rules, which sufficiently protect the due process in competition law investigations.

WHAT PIECE OF ADVICE WOULD YOU PASS ON TO ASPIRING COMPETITION LAWYERS?

First, enjoy what you are doing. You can only excel in a field in which you have a true interest and passion. Second, follow competition law developments across other countries. Concepts and problems outside your jurisdiction may be similar and can inspire your practice. Third, connect with other lawyers on an international level. Having an international relationship network is crucial to assist your client.

YOU HAVE EXPERTISE IN IT, TELECOMMUNICATIONS AND ENERGY REGULATION. DO CERTAIN INDUSTRIES REQUIRE GREATER REGULATION THAN OTHERS, OR IS THE REQUIREMENT MORE UNIFORM?

Competition law is a very flexible field of law, which is generally sufficient to handle these cases. However, the application to new industries or more technological environments needs a robust understanding of the market and technologies to achieve the correct results. Access regulation for certain essential infrastructures can possibly be better handled by sector specific regulation, but the legislator must be careful not to stifle competition.

HOW HAS THE INCREASINGLY STRINGENT APPROACH FROM REGULATORS AFFECTED THE TYPE OF CLIENT DEMANDS YOU HAVE BEEN SEEING RECENTLY?

There is an increased tendency to seek upfront advice and to conduct competition law compliance checks and education. We have significantly built up our service offerings for such exercises. In addition, once investigations have been initiated, there is a need to quickly have an overview of relevant (electronic) documents, which we accommodate with in-house document review capacities. This has helped clients to adjust their strategy.

WHAT HAVE YOU NOT YET ACHIEVED IN YOUR CAREER THAT YOU WOULD LIKE TO IN THE NEXT DECADE?

To bring a case to the European Court of Human Rights to challenge the procedural aspects. The quasi-criminal nature of the competition law fines calls for a better protection of the rights of the incriminated parties.

Biographies:

Who's Who Legal Switzerland - Competition

David Mamane is a partner and head of Schellenberg Wittmer's competition group in Zurich. His main areas of practice are competition and antitrust law, as well as telecommunications and energy regulation, public procurement, licence and distribution agreements. David regularly advises clients in proceedings before the Swiss Competition Commission and is experienced in all aspects of Swiss and European competition law, including national and multi-jurisdictional merger control procedures, cartel and abuse of dominance investigations, dawn raids, internal investigations, compliance, e-learning and leniency procedures. David has established himself as one of the most renowned Swiss competition lawyers at the international level due to his involvement in international conferences and matters.

David is additionally highly specialised in the business of IT and is a co-founder of a legal consulting firm in the IT sector. With this unique expertise, David leads IT and knowledge management at Schellenberg Wittmer.

Some examples of David's recent case expertise include:

- Advice to Husqvarna in two investigations by the Swiss Competition Commission regarding vertical price fixing and regarding horizontal coordination. The team was able to limit the procedure to certain types of behaviour and negotiate two favorable settlements;

- Representation of a leading Swiss bank in investigations by the Swiss Competition Commission;

- Advising Olympus with regard to competition law questions concerning the distribution of products in Switzerland.

David is highly recognised for his expertise by leading directories and publications like Chambers and Partners, The Legal 500, WWL and GCR. They describe him as an "outstanding competition expert with a reputation for working on multi-jurisdictional cases" and "someone with a brilliant mind and strategic thinker". Clients and peers consider him "the one and only in Switzerland; responsive, clear and knowledgeable" and remark on "his impressive network" and his ability to "always be reliable and up to date".

David Mamane is a lecturer in competition law at the University of Lucerne and the author of several publications on Swiss and European competition law. He is a member of the Zurich and Swiss Bar Associations, in addition to other professional associations, including the Studienvereinigung Kartellrecht eV and ABA's SIL international antitrust committee steering group, the IBA competition committee merger working group, as well as the former president of AIJA's antitrust commission. David is also the co-founder of a new competition law association uniting in particular European competition lawyers. (www.competitionlawyers.org)

David Mamane studied law at the University of Basel (lic iur 1997) and the College of Europe in Bruges, Belgium (LLM, Master of European Law, 2003). Between 2000 and 2008 he was an associate in the Brussels office of a leading international law firm and in a leading Swiss law firm, as well as a teaching assistant at the College of Europe. 

Schellenberg Wittmer is one of the leading business law firms in Switzerland. Over 140 lawyers in Zurich, Geneva and Singapore advise domestic and international clients on all aspects of business law. The firm's areas of expertise include: banking and finance, competition and antitrust, construction, dispute resolution and international arbitration, intellectual property, information and communication technology, life sciences, mergers and acquisitions, private equity and venture capital, private clients and estates, real estate, restructuring and insolvency, taxation, white-collar crime and compliance. Schellenberg Wittmer's Singapore office covers key jurisdictions and markets in the Asia-Pacific region, assisting clients in both inbound and outbound investments as well as in international arbitration.

WWL says: David Mamane is widely respected as a “highly intelligent” practitioner with “an excellent EU competition law background”. Sources comment that he is “highly connected in Switzerland and Brussels” and “really knows his stuff about the Swiss regulator”.

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

Who's Who Legal Competition: Lawyers

David Mamane is a partner in Schellenberg Wittmer's competition group in Zurich. His practice focuses on competition/antitrust law, telecommunications and energy regulation, licence and distribution agreements, and IT law. He regularly advises clients in proceedings before the Swiss Competition Commission. David is experienced in all aspects of Swiss and European competition law, including national and multi-jurisdictional merger control procedures, cartel and abuse of dominance investigations, dawn raids, internal investigations, compliance and leniency procedures. He is well versed in all aspects concerning the IT industry and is the co-founder of an IT legal consulting firm.

David is a lecturer in competition law at the University of Luzern and the author of several publications on Swiss and European competition law. He is the president of AIJA's antitrust commission, a member of the Zurich and Swiss Bar Associations, in addition to other professional associations, including the Studienvereinigung Kartellrecht eV, ABA's SIL international antitrust committee steering group, and the IBA competition committee merger working group.

David obtained a law degree from the University of Basel in 1997 and an LLM, Master of European law from the College of Europe in Bruges, Belgium in 2003. Between 2000 and 2008, he was an associate with the Brussels office of a leading international law firm as well as an associate at another leading Swiss law firm. David was also a teaching assistant at the College of Europe.

Schellenberg Wittmer is one of the leading business law firms in Switzerland. Over 140 lawyers in Zurich, Geneva and Singapore advise domestic and international clients on all aspects of business law. The firm's areas of expertise include: banking and finance, competition and antitrust, construction, dispute resolution and international arbitration, intellectual property/information technology, mergers and acquisitions, private equity and venture capital, private clients and estates, real estate, restructuring and insolvency, taxation, white-collar crime and compliance. Schellenberg Wittmer's Singapore office covers key jurisdictions and markets in the Asia-Pacific region, assisting clients in both inbound and outbound investments as well as in international arbitration.

WWL says: David Mamane is a “brilliant mind and a strategic thinker” for competition who “has an impressive network and is always reliable and up to date”.

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

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