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DÉSIRÉE KLINGLER

Research in Law & Economics, Public Procurement and Antitrust Law

I am attorney-at-law, admitted to practice in Switzerland and New York, and I apply data analytics to answer legal questions. My research focuses on Public Procurement, Antitrust Law, and Law And Economics | DesireeResearch. Keep reading to learn more about my most recent publications and presentations.

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LAW & ECONOMICS

Publications

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EXPANSIONARY LEGAL POLICIES IN GOVERNMENT PURCHASING

Public Contract Law Journal, Fall 2020

This paper introduces expansionary legal policies to stimulate the business cycle by means of emergency rules in government purchasing during COVID-19 and the Financial Crisis.

MEASURING WHAT MATTERS IN PUBLIC PROCUREMENT LAW

Journal of Management Policy & Practice, Fall 2020

This paper explains why to why to measure public procurement law (understand economic impact), what to measure (efficiency and quality), and how to measure (cost-benefit analysis).

FISCAL AND MONETARY POLICIES AGAINST COVID-19 IN THE UNITED STATES

INET, July 2020

As part of the "Law, Finance, and Economics" Group at the Institute for New Economic Thinking (INET) in New York, I have published a Report on the Regulatory, Fiscal and Monetary Policies against the Covid-Crisis in the United States.

COMPETITION LAW AND ECONOMICS

Syllabus, January 2022

To share knowledge, I publish my syllabus on the course "Competition Law & Economics" that I taught at the University of Hamburg for the European Master in Law and Economics (EMLE) program in the second term 2021.

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ANTITRUST

Publications

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DEMOCRATIZING THE APP STORE

Verfassungsblog, April 2021

I have written a blog post on how State Antitrust Bills in the United States try to open up Google and Apple Stores to small startups, allowing more innovation.

AMAZON'S DIGITAL THEORY OF HARM

TAP Report, May 2020

This report was written under the Yale Thurman Arnold Project and investigates whether and how Amazon's conduct violates antitrust laws. It discussed both brand and platform competition.

IMPACT ASSESSMENT OF DIGITAL MARKETS ACT

EC Report, December 2020

The European Commission has cited our TAP Amazon Report in the impact assessment of the Digital Markets Act, which suggests amendments to antitrust laws to better regulate digital markets and large tech companies.

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PUBLIC PROCUREMENT

Publications

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COST-BENEFIT ANALYSIS OF FAIR LABOR STANDARDS IN GOVERNMENT CONTRACTING

Yale Journal on Regulation, Dec. 2021

This article reassess the cost and benefits of fair labor standards in federal procurement, and develops methods to monetize qualitative labor law benefits.

NEW MECHANISMS FOR PUBLIC PURCHASING

RadicalxChange Paper, December 2019

This report is part of the RadicalxChange project and describes new radical ways of what and how the government can procure goods and services through auctions and quadratic voting, and how these new mechanisms can improve efficiency and equality in government spending.

GOVERNMENT PURCHASING DURING COVID

Paper in the PCLJ, Fall 2020

This paper, published in the Public Contract Law Journal, introduces a new legal policy tool to stimulate the business cycle by means of emergency rules in government purchasing during COVID.

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CV

Experience & Expertise

RESEARCH FELLOW, YALE LAW SCHOOL

After my LL.M., I am now working as a Research Fellow at Yale Law School, conducting research in law and economics of Swiss and international economic law.

Since May 2022

LECTURER, HAMBURG UNIVERSITY

I am teaching "Competition Law & Economics" in the European Master in Law and Economics (EMLE) at the University of Hamburg, discussing antitrust cases form the EU and U.S. and employing economic theories and empirical analysis.

Since January 2021

YALE FOX FELLOW, COPENHAGEN BUSINESS SCHOOL

In 2021, I was a Yale Fox fellow and conducted research on contract modifications at the Copenhagen Business School, working together with professor Pedro Telles.

January - August 2021

PH.D., UNIVERSITY OF ST. GALLEN

Since 2018

I am writing my doctoral thesis on the "Efficiency of Public Contracting: A Law & Economics Analysis of Swiss Public Procurement Law", sponsored by the Swiss National Science Foundation.

SENIOR CONSULTANT, ROLAND BERGER

I was working as a senior consultant at Roland Berger for almost three years, improving performance and efficiency in the public sector, consulting the German Office for Migration and Refugees (BAMF) during the Syrian refugee crisis.

August 2015 - January 2018

LAW CLERK, SWISS FEDERAL ADMINISTRATIVE COURT

I was a law clerk for Judge Eva Schneeberger at the Swiss Federal Administrative Court, Division II on Economic Matters, drafting judgments on public procurement, financial market regulation and antitrust law.

November 2015 - July 2015

JUNIOR ASSOCIATE, HOMBURGER

I worked as a Junior Associate at the Swiss the law firm Homburger in the practice teams "Banking and Finance" (Benedikt Maurenbrecher) and M&A (Dieter Gericke).

September 2013 - November 2014

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EDUCATION

LL.M., YALE LAW SCHOOL

August 2019 - May 2020

During my LL.M. at Yale Law School (all honours), I have focused on courses and research in law & economics and empirical analysis, and took courses on economic regulation and competition economics at the Yale School of Management.

LL.M. IN CORPORATE AND FINANCIAL LAW, UNIVERSITY OF HONGKONG

During my LL.M. at HKU (which I completed with distinction), I deepened my knowledge in corporate and financial law, including bonds and securities law, international trade law and trade negotiations, and participated in a course with the Hongkong Mediation Chambers.

August 2012 - June 2013

MASTER IN LAW, UNIVERSITY OF ZURICH

In my Master in Swiss law (summa cum laude), I focused on business and economic law, including corporate governance, intellectual property and competition law.

August 2011 - June 2012

BACHELOR IN LAW, UNIVERSITY OF ZURICH

I have a Bachelor Degree in Law from the University of Zurich (magna cum laude), and did an exchange semester at the University of Geneva.

August 2008 - June 2011

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VIDEOS

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Measuring Sustainability in Government Purchasing
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GW Law Government Procurement Law Program

Measuring Sustainability in Government Purchasing

Sustainability is one of the new criteria in government purchasing, also referred to as Green Public Procurement (or GPP). Sustainable procurement plays a crucial role not only in the U.S. Federal Acquisition Regulation where 95% of federal contracts should make use of energy-efficient products, but also in the EU Public Procurement Directive 2014. In order to select the most advantageous tender» and guarantee equal treatment of suppliers, the government needs to assess sustainability in an objective manner. While indirect measures to evaluate a policy's impact on human life exist, such as QUALY (quality-adjusted life year) or DALY (disability-adjusted life year), they are not tailored towards green public procurement and omit important aspects of sustainability in government purchasing. The panelist will discuss different methods, including the limitations of stated preference studies, the difference between willingness to pay and accept, and procurement-specific measures such as the consideration of life-cycle costing, green labels, sustainability weighting and emission calculators. The mixed backgrounds of the panelists—economists, legal scholars and practitioners—will provide diverse and nuanced perspectives on how to measure sustainability. Panel members: - Chair: Désirée Klingler, PhD Candidate in Law at the University of St. Gallen - Steve Schooner, Professor of Public Procurement Law at George Washington University - Roberto Caranta, Professor of Administrative Law at the University of Turin -Marc Steiner, Judge at the Swiss Federal Administrative Court
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CONFERENCE PRESENTATIONS

XI GLOBAL REVOLUTION: "FAIR LABOR LAWS IN GOVERNMENT CONTRACTING"

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Nottingham, June 13-14, 2022

My paper on "Cost-Benefit Analysis of Fair Labor Standards in Government Contracting" has been accepted to the XI Global Revolution in Nottingham. My esteemed colleague Steve Schooner was so kind to present on my behalf.

5TH EUROPEAN CONFERENCE ON SUSTAINABLE AND INNOVATIVE PUBLIC PROCUREMENT: "PROMOTING SUSTAINABLE PROCUREMENT WITH BEHAVIOURAL ECONOMICS"

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Lisbon, May 5-6, 2022

At the 5th European Conference on Sustainable and Innovative Public Procurement, I have presented Steven Schooner's and my paper on "Promoting Sustainable Public Procurement with Behavioural Economics" (forthcoming in the European Journal of Public Procurement Markets, 4th Issue.

UNECE PPP FORUM: "SUSTAINABLE PPP PROCUREMENT"

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Barcelona, May 4-6, 2022

At the 6th UNECE Forum in Barcelona, and the 15th CICPPP Conference, I presenting novel and interdisciplinary approaches to promote green PPP.

EPPPL CONFERENCE ON FUNDAMENTALS OF GREEN PUBLIC PROCUREMENT: "HOW DATA ANALYTICS CAN PROMOTE GREEN PUBLIC PROCUREMENT"

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May 19-20, 2022

At the EPPPL on "Fundamentals of Green Public Procurement" I presented how data analytics can help promote GPP.

INTENSIVE DOCTORAL WEEK: PANEL ON "INTERDISCIPLINARY APPROACH TO PROMOTE GREEN PUBLIC PROCUREMENT"

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Paris, June 14-18, 2021

At the 10th Intensive Doctoral Week (IDW) at Sciences Po, I hosted a panel on Green Public Procurement with Prof. Marta Andhov (Copenhagen Law School), Judge Marc Steiner (Swiss Federal Administrative Court), Prof. Carine Staropoli (Paris Schools of Economics), and Prof. Steve Schooner (GW Law School).

SBCA CONFERENCE: "MEASURING WHAT MATTERS IN PUBLIC PROCUREMENT LAW"

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Washington D.C., March 17, 2021

At the 2021 Annual Conference of the Society for Benefit-Cost Analysis (SBCA), I presented my research on how to quantify and monetise ecological and social sustainability in public procurement law.

SBCA CONFERENCE: "LEGAL COMPARISON OF GREEN PUBLIC PROCUREMENT IN THE UNITED STATES AND EUROPE"

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Washington, D.C., March 19, 2021

At the 2021 Conference of the Society for Benefit-Cost Analysis (SBCA) I hosted a panel on new developments in Green Public Procurement across Europe and the United States with Prof. Steve Schooner (GW Law School), Prof. Roberto Caranta (University of Turin) and Judge Marc Steiner (Swiss Federal Administrative Court).

CBS WEBINAR: "ECONOMIC ANALYSIS OF PUBLIC PROCUREMENT REGULATION"

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Copenhagen, February 24, 2021

At the Copenhagen Business School (CBS) Online Weinar, I presented and discussed my research on contract modifications with Prof. Marta Andhov, Prof. Pedro Telles and others.

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SKILLS

Professional Competencies

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DATA ANALYSIS

Regressions and Networks

At the ICPSR Summer Program for Social Quantitative Research in Ann Arbor, University of Michigan, and the Global School of Empirical Research Methods (GSERM) at the University of St. Gallen, I gained valuable knowledge in data analysis, including regression analysis, maximum likelihood estimation, game theory and network analysis.

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LEGAL EXPERTISE

Regulation

I am attorney-at-law admitted to practice in Switzerland and New York. Throughout my legal career, I have worked on regulatory issues, including public procurement, competition law, and financial market regulation. The intersection of public and private interests is one of the most complex and most fascinating areas of law!

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LINKS

Here are links to projects of other organisations that might be of interest for both academics and practitioners!

PHD POSITIONS IN SUSTAINABLE PROCUREMENT

Sapiens Network

INTELLIPROCURE

Swiss procurement database

MARC STEINER

Swiss Procurement Expert

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Guido Calabresi

“There are two things I want you to find here at Yale Law School: love and an idea.”

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