Mani Reinert

Bär & Karrer Ltd

Zurich www.baerkarrer.ch

mani.reinert@baerkarrer.ch Tel: +41 58 261 52 88

Biography

Mani Reinert is a partner at Bär & Karrer and the head of the competition law / antitrust practice group. He graduated from the University of Zurich in 1994 and was admitted to the Zurich Bar in 2000. After his post as a research and teaching assistant at the University of Zurich he received his Master of Laws (LLM) from the New York University School of Law in 2002 and his Dr iur from the University of Zurich in 2003. He joined Bär & Karrer in 1997.

The rule of law is what distinguishes mankind from apes. Disputes are not solved by the use of brute force but by a predefined set of rules. The law is, or should be, the lubricant of the economy by providing a framework within which business can take place and foreseeability prevails. As an attorney you navigate clients through this set of rules, which has become more and more complex over time.

What do you enjoy most about your role as head of the firm’s competition practice?

It gives me the opportunity to work with very talented people and on very interesting cases and, in some cases, to shape the law.

To what extent is antitrust becoming more politicised?

There is a general trend that the government is expected to regulate every problem that arises. Political stakeholders no longer wait for the market to find a solution to a problem. Rather, they expect the lawmaker to solve this problem by issuing new laws or regulations. The more the lawmaker interferes with the market process, the more antitrust becomes politicised. One example is the phenomenon of higher prices in Switzerland. As a result of their higher wealth, Swiss pay higher prices than people abroad. Also the Swiss finish of regulations makes products more costly to produce in Switzerland. In a mostly symbolic effort, the lawmaker is about to amend the Act on Cartels to “solve” this perceived issue.

What can be done to improve diversity in antitrust?

Hire people with a view to their potential

To what extent does the market power of big tech companies need to be curtailed?

While the US is a champion in pioneering big tech companies, Europe is a champion in regulating them. Maybe this is why Europe is not home to a single GAFA (Google, Amazon, Facebook, Apple). I think there is no need for a new competition tool; the current system is sufficient. Regulators should also be aware that digital markets change quickly and any remedy imposed by the authorities may be outdated when it enters into force after a years-long investigation.

How can competition enforcement become faster and more effective?

National authorities should focus on and engage in domestic cases that have an impact on the local economy. In that regard, “me too” investigations of the Swiss authorities like the Forex and LIBOR investigations are a gigantic waste of resources that could be deployed with more gain in “local” investigations. National authorities should focus their resources on significant cases and not go after every hunch in cases where it is evident from the beginning that there is no case.

What is the best piece of advice you have received?

As an attorney, your job is to reduce complexity, to weigh the various risks and to lead your client with a recommendation. Also consider that the legal problem is often only a piece of the problem the client faces. Strive to keep the whole picture in view.

WWL says: Mani Reinert has a “leading practice in complex competition matters”, according to peers who further praise him as a “brilliant scholar”.