Prof. Dr. Daniel Zimmer, LL.M.

University of Bonn

Curriculum Vitae

Professor Dr. Daniel Zimmer is Managing Director of the Institute for Commercial and Economic Law as well as of the Center for Advanced Studies in Law and Economics (CASTLE) at the University of Bonn. He completed his studies in Law from 1979 to 1984 at the Universities of Mainz, Lausanne, and Göttingen. Following graduation, he pursued a legal traineeship in Celle, Germany, as well as his Master’s studies (LL.M.) at the University of California, Los Angeles (UCLA). In 1991, Daniel Zimmer received his doctoral degree in Law from the University of Göttingen, where subsequently worked as a research assistant. After completing his habilitation in 1996 on the topic “International Company Law – The Conflict of Laws of Companies and Its Relation to International Capital Market Law and to International Enterprise Law”, he was named University Professor at the Ruhr-University Bochum. Additionally, he was a visiting professor at the University of Lausanne from 1999 to 2001. In 2001, he joined the Institute for Commercial and Economic Law at the University of Bonn. Daniel Zimmer has also served as a member on various commissions, including the German Monopolies Commission and the German Council for Private International Law’s special “International Company Law” Commission. He has also been involved in EU Commission’s Forum on Auditor Liability. Furthermore, he has been a research fellow at the German Institute for Economic Research (DIW) in Berlin since 2016 and a research affiliate at the Reinhard Selten Institute in Bonn/Cologne since 2018.  

Prof. Dr. Daniel Zimmer was Fellow at the Käte Hamburger Center for Advanced Study in the Humanities “Law as Culture” in Bonn from April to September 2019.

Research Project

“Between Economic Thinking Models and the Legal-cultural Pursuit of Values: Regulatory Approaches to Controlling Algorithms”  

The control and regulation of major Internet companies is one of the biggest legal policy issues of our time. The operator of a worldwide search engine, the leading social media network, or the largest e-commerce platform may possibly know from an analysis of past activities that a particular customer is willing pay more than others for fashionable clothes; it possibly knows from analyzing an email exchange that a negotiating partner has an appointment in London on the weekend and thus needs to book a flight there; it may possibly know about the negotiating partner’s existing illness, which increases his/her need for certain medications. Providers can use technical programs in e-commerce to analyze and skim users’ ability and willingness to pay. Those who use an expensive type of smartphone to search for clothing online are offered products at higher prices than those searching from smartphones that signalize lower purchasing power. Those who look at the same flight route a second or third time receive less favorable conditions than they were initially offered; continued interest indicates an increased willingness to buy. It could be argued that the creation of entirely individualized offers, which skim every single customer’s maximal willingness to pay, questions the merits of a competitive economy: One advantage of the market economy, generally speaking, is that sellers compete for customers by making favorable offers.    

This research project investigates the question of whether the ever-growing collection and analysis of data represents a development that prompts a new type of need for regulation. The topic has connections to various culturally-shaped legal materials (anti-discrimination law, data protection/privacy law, consumer protection law) as well as economic theory and competition law.    

Publications (seclected)

Monographs and Editorial Work

  • Admissibility and Limits of Decisions by Arbitration in Competition Law Disputes – a Comparative Analysis Based Upon U.S. and German Law (Wirtschaftsrecht und Wirtschaftspolitik, Vol. 116), Nomos Verlagsgesellschaft, Baden-Baden 1991 (accepted by The University of Göttingen, Dissertation, 1991).
  • International Company Law – The Conflict of Laws of Companies and Its Relation to International Capital Market Law and to International Enterprise Law (Publication series “Recht der Internationalen Wirtschaft”, Vol. 50), Verlag Recht und Wirtschaft, Heidelberg 1996 (accepted by the University of Göttingen, Habilitation, 1996).
  • Law and Economics in European Merger Control (Ulrich Schwalbe, Daniel Zimmer), Oxford University Press, Oxford 2009.
  • Beitrag der Verhaltensökonomie (Behavioral Economics) zum Handels- und Wirtschaftsrecht (edited by Holger Fleischer and Daniel Zimmer; with contributions from Steffen Altmann, Christoph Engel, Armin Falk, Holger Fleischer, Lars Klöhn, Matthias Leistner, Felix Marklein, Klaus Ulrich Schmolke, and Daniel Zimmer), Verlag Recht und Wirtschaft, Frankfurt a.M. 2011.
  • The Goals of Competition Law, (edited by Daniel Zimmer; with contributions from, among others, Louis Kaplow), Verlag Edward Elgar, Cheltenham (UK) and Northampton, MA (USA) 2012.
  • Weniger Politik! Plädoyer für eine freiheitsorientierte Konzeption von Staat und Recht, Verlag C. H. Beck, Munich 2013.

Articles and Book Chapters

  • Algorithmen, Kartellrecht und Regulierung in: Europäisches, deutsches und internationales Kartellrecht. Festschrift für Dirk Schroeder, edited by Juliane Kokott, Petra Pohlmann, and Romina Polley, Verlag Dr. Otto Schmidt, Cologne 2018, p. 999- 1008.
  • The Digital Economy: A Challenge for Competition Policy, in: The Roles of Innovation in Competition Law Analysis, edited by Paul Nihoul and Pieter Van Cleynenbreugel), Edward Elgar, Cheltenham (UK) and Northampton (MA, USA) 2018, p. 299-306.
  • Property Rights Regarding Data? in: Trading Data in the Digital Economy: Legal Concepts and Tools, edited by Sebastian Lohsse, Reiner Schulze, and Dirk Staudenmeyer, Baden-Baden, Nomos, 2017, p. 101-108.
  • Individual Sanctions in German Law: The Case for a Criminalisation of Antitrust Offences?, Concurrences 2016 No.2, Institute of Competition Law, p. 28-32.
  • The Emancipation of Antitrust from Market-Share-Based Approaches, The Antitrust Bulletin, Vol. 61 (2016), Sage Publications, p. 133-154.
  • Kartellrecht und Ökonomik – Paradigma einer Wechselwirkung, in: Recht und Sozialtheorie im Rechtsvergleich/Law in the Context of Disciplines, edited by Stefan Grundmann and Jan Thiessen, publication series “Rechtsvergleichung und Rechtsvereinheitlichung” Vol. 31, Verlag Mohr Siebeck, 2015, p. 105-114.