Home / People / Dr. Björn Herbers
Portrait of

Dr. Björn Herbers, M.B.L.

Partner
Rechtsanwalt

CMS EU Law Office
Avenue des Nerviens 85
1040 Brussels
Belgium
Languages German, English, French

Björn Herbers advises on all aspects of European and German competition law. He has more than ten years of experience in complex proceedings before the European Commission and furthermore regularly represents clients before the German Federal Cartel Office in merger control and cartel proceedings, also advising them on multijurisdictional proceedings. Björn has special telecommunications sector know-how and has successfully represented clients in several headline cases His practice particularly focuses on competition law in the digital economy.

Björn joined CMS in 2009 and has been a partner within the CMS EU Law Office since 2017. In 2015, he was seconded to a leading competition economics consultancy firm.

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"Björn Herbers 'thoroughly impresses peers' thanks to his 'strong expertise in telecoms, competition economics and abuse cases'"

Who's Who Legal 2020

Recommended lawyer

Kanzleimonitor 2019, 2020

"Björn Herbers is 'clearly a future leader in Brussels', report sources who comment that he 'understands competition economics' and is 'very strong in merger and telecoms work'".

Who's Who Legal 2019

Recommended lawyer

Kanzleimonitor 2018, 2019

Memberships & Roles

  • Studienvereinigung Kartellrecht (association of German-speaking attorneys from Germany, Austria and Switzerland)
  • Münchener Kartellrechtsforum (Munich based network of competition lawyers and experts)
  • Antitrust Italia
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Publications

  • Der Digital Markets Act (DMA) kommt – neue Dos and Don’ts für Gatekeeper in der Digitalwirtschaft, RDi 2022, 252
  • Der Digital Markets Act kommt, CB 2022, 196-201 (gemeinsam mit Dr. Fiona Savary)
  • Das EuG-Urteil in der Sache Altice zum Vollzugsverbot in der Fusionskontrolle: Auswirkungen auf die M&A-Praxis, Betriebs-Berater 2021, 3011 (gemeinsam mit Christoff Henrik Soltau)
  • EU General Court issues ruling in CK Telecoms (case T-399/16) – Law Now, July 2020 (mit Daphne Brunkhorst)
  • Kartellrecht, Loewenheim/Meessen/Riesenkampff/Kersting/Meyer-Lindemann (Hrsg.) - Kommentar der Art. 6, 8 FKVO (mit Dr. Michael Bauer), 2020
  • „Marktanteilsschwelle, Art. 3 Vertikal-GVO“ (gemeinsam mit Martin Cholewa) in: Bauer/Rahlmeyer/Schöner, Handbuch Vertriebskartellrecht, 2020
  • From Bonn with love - Competition law treatment of online market place bans, Competition Law Insight, December 2018
  • German competition watchdog concludes biggest vertical cartel case ever, involving 27 companies - Total of € 260m in fines imposed, Lexology, December 2016
  • Rechtliche Bewertung von Umstrukturierungen als Lösungsweg - Können Unternehmen Kartellstrafen umgehen?, Risknet, Februar 2015
  • Internet-Giganten im Visier: Politik will Kartellrecht verschärfen, it-daily.net, September 2018
  • Daten für alle von den Internetkonzernen? - Problem erkannt, Gefahr nicht gebannt, LTO, August 2018
  • Fleischwirtschaft Magazine, Edition of 17 March 2015: "Escaping cartel fines by deleting the Company from the Commercial Register"
  • The application of Sections 1 and 2 of the Act Against Restraints of Competition in cases with no effect on trade between member states, Heymanns 2009
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Lectures list

  • The judgement of the General Court in CK Telecoms (Case T-399/16) - Legal test for non-coordinated effects or: Airtours the sequel?, CMS EU Competition Law Briefing, 26. Juni 2020
  • "Studienvereinigung Kartellrecht" Brussels working group: Conglomerate mergers between restrictions of competition and efficiencies - the Microsoft/LinkedIn decision of the European Commission, 9 March 2017
  • Update Einkauf und Vertrieb, Vertikale Preisgestaltung: Was ist kartellrechtlich noch erlaubt?; Mandantenseminar, Munich, 1 November 2013
  • Die 8. GWB-Novelle - Was ändert sich im deutschen Kartellrecht? Missbrauchsaufsicht; Mandantenseminar, Düsseldorf, 22 November 2012
  • Competition law and Cooperations - Joint production; client seminar, Duesseldorf 1 December 2011
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Education

  • 2018: Post-graduate training in quantitative methods for competition analysis at Barcelona Graduate School of Economics
  • 2008: PhD at the University of Cologne; thesis on competition law topic
  • 2008: Second state examination in law
  • Trainee lawyer including placements at the German Federal Network Agency, the European Commission’s Directorate-General for Competition and with the competition practice of a leading international law firm
  • 2005: M.B.L. at the University of Cologne
  • 2004: First state examination in law
  • Law studies at the University of Cologne
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27/10/2023
JUVE Awards 2023: CMS recognised as Law Firm of the Year for Antitrust
Berlin – International commercial law firm CMS Germany was recognised yesterday evening as Law Firm of the Year for Antitrust at the JUVE Awards 2023. The JUVE Awards are regarded as among the most...

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17/04/2024
Update - The new EU rules for digital markets go live!
The European Union's Digital Strategy aims to regulate the digital economy. And the new rules are now coming to life. CMS is pleased to invite you to our EU Digital Regulation and Antitrust Briefing in the CMS Representative Office in Mountain View on Tuesday, April 16 at 5:00 pm PST with our special guest: Andreas Schwab, Member of the European Parliament, and specialist in antitrust, digital regulation and AI. We will discuss everything you need to know about the new EU rules for digital markets: Digital Gatekeepers must comply with the Digital Markets Act (DMA) since March 7, and the Digital Services Act (DSA) is fully in force since February. The groundbreaking EU Artificial Intelligence Act (AIA) has been agreed and will soon come into force. And there is much more.
28/03/2024
The data access rights of the Data Act
The data access rights under the Data Act and their restrictions are extensive – we provide an over­view.European legislators have recognised that data is an essential resource which is required for...
18/03/2024
The DGA is expected to spur on data altruism
Voluntary data donations are intended to make data widely usable. The DGA wants to build trust in data altruism or­gan­isa­tions.The range of applications in which the use of data and information is playing...
12/03/2024
DGA: European data strategy for data intermediation services takes shape
Data intermediation services play a key role in the implementation of the European strategy for data. The DGA subjects these to regulation.In addition to the Data Act, the Data Governance Act (DGA), which...
11/03/2024
Looking ahead to the EU AI Act
Introduction The European Union is preparing for the imminent adoption of the world’s most significant legislation on Artificial Intelligence, solidifying its position as a pioneer among global legislators. This initiative aims to establish and reinforce the EU’s role as a premier hub for AI while ensuring that AI development remains focused on human-centered and trustworthy principles. To expedite the achievement of these goals, on 8 December 2023, after three days of debate, the European Parliament and the Council of the European Union finally reached a provisional agreement on the “Proposal for a Regulation laying down harmonised rules on artificial intelligence” (the so-called AI Act), which aims to ensure that AI systems placed on the European market are safe and respect the fundamental rights and values of the EU. Subsequent to this provisional agreement, technical refinement of the AI Act continued to finalise the regulation’s details and text. The final vote of the European Parliament on the AI Act will take place at 13 March 2024. Since the European Parliament's Committees on the Internal Market and Consumer Protection (IMCO) and on Civil Liberties, Justice and Home Affairs (LIBE) have endorsed overwhelmingly the proposed text, the approval of the European Parliament can be expected. After a long and complex journey that began in 2021 with the European Commission’s proposal of a draft AI Act, this new regulation is expected to be passed into law in spring 2024, once it has been approved by the European Parliament and the Council of the European Union . The AI Act aims to ensure that the marketing and use of AI systems and their outputs in the EU are consistent with fundamental rights under EU law, such as privacy, democracy, the rule of law and environmental sustainability. Adopting a dual approach, it outright prohibits AI systems deemed to pose unacceptable risks while imposing regulatory obligations on other AI systems and their outputs. The new regulation, which also aims to strike a fair balance between innovation and the protection of individuals, not only makes Europe a world leader in the regulation of this new technology, but also endeavours to create a legal framework that users of AI technologies will be able to comply with in order to make the most of this significant development opportunity. In this article we provide a first overview of the key points contained in the text of the AI Act1This article (including the relevant citations below) is based on the latest draft available on the Council’s website. The AI Act remains subject to possible further refinement, but not as regards content, and the text referred to for this article should be considered as the closest to the one that will be voted on by the EU Parliament. footnote that companies should be aware of in order to prepare for the implementing regulation.
27/02/2024
Reusing data held by public sector bodies under the DGA
The Data Governance Act should allow data collected with public funds to be reused to benefit so­ci­ety. To­geth­er with the Data Act, the Data Governance Act (DGA) forms a key pillar of the European Commission's...
14/02/2024
CMS advises paint and coatings producer KANSAI HELIOS on the acquisition...
Cologne – KANSAI HELIOS has acquired the entire industrial coatings business of GREBE Holding, based in Weilburg in Hessen, Germany, which operates under the name WEILBURGER Coatings. WEILBURGER Coatings is a well-known manufacturer of industrial coatings and comprises of WEILBURGER Coatings GmbH in Weilburg and WEILBURGER Asia Limited in Hong Kong. The share purchase agreement was signed on February 9, 2024. With the acquisition, KANSAI HELIOS intends to significantly expand its strategic position as a system supplier and manufacturer of industrial coatings and extend its geographical presence internationally. The company will also gain additional expertise, distribution channels, production and storage capacities. The parties involved have agreed not to disclose further details of the transaction. An international CMS team headed by Lead Partner Klaus Jäger and Christoph Schröer provided KANSAI HELIOS with comprehensive legal advice on the acquisition. The complexity of the transaction is characterized in particular by the size of the acquired Weilburger Coatings Group, which, in addition to the German companies, includes subsidiaries in Brazil, China, France, Hong Kong, India, Italy, Turkey and the USA. In addition to the actual purchase agreements in Germany and Hong Kong, CMS drafted and negotiated numerous other contracts. In addition to CMS teams in Brazil, China, Hong Kong, Italy, Turkey, France, Serbia, Austria and the United Kingdom, the law firms MILLER & MARTIN PLLC from the USA and Vaish Associates Advocates from India also provided support. KANSAI HELIOS regularly relies on the expertise of CMS, most recently in connection with the acquisition of all shares in CWS Lackfabrik GmbH (CWS), which specializes in powder coatings and synthetic resins, including the group companies in Germany, the USA, Denmark and Poland. KANSAI HELIOS, headquartered in Vienna, is part of the Japanese KANSAI PAINT Group. The company has a history of more than 170 years and is one of the major global players in the paints and coatings market. KANSAI HELIOS designs, produces and distributes industrial coating solutions, bleaching and cleaning chemicals, materials for sticking and sealing, high-quality resins, architectural paints and refinishing coatings throughout Europe and beyond. WEILBURGER Coatings was founded in 1900 at its current headquarters in Weilburg and has group companies in Germany, Italy, France, Turkey, the USA, Brazil, India and China. With around 600 employees at seven production sites and several sales offices, the company is active worldwide and generates a turnover of around 150 million euros. CMS Germany Klaus Jäger, Lead Partner Dr Kai Wallisch, Part­ner Chris­toph Schröer, Senior Associate Dr Katharina Kapp, Associate Dr Henrik Meurer, As­so­ci­ate Domin­ic Zimmer, As­so­ci­ate Kath­rin Dengel, Associate, all Corporate/M&A Dr Björn Herbers, Partner Moritz Pottek, Counsel Dr Denis Schlimpert, Counsel Kirsten Baubkus-Gerard, Senior Associate Dr Robert Bodewig, Senior Associate David Rappenglück, Associate, all Antitrust, Competition & Trade Dr Dirk Smielick, Principal Counsel Claudia Böhmer, Counsel, both IP Dr Angela Emmert, Partner Dr Andreas Hofelich, Partner Dr Mario Brungs, Counsel Lennard Martin Lürwer, Counsel Marcel Heinen, Senior Associate, all Labor, Employment & Pensions Michael Kamps, Partner Thorsten Hemme, Principal Counsel Dr Arne Schmieke, Senior Associate, all TMC Dr Martin Friedberg, Partner, Tax law Dr André Lippert, Partner Maike Füchtmann, Senior Associate, both Real Estate & Public Dorothée Janzen, Partner Dr Philipp Rohdenburg, Counsel, both Com­mer­cial Birgit Wagner, Legal Manager Conrad Gräwe, Legal Co­ordin­at­or Steven Washington, Legal Coordinator Anke Clippingdale, Senior Legal Specialist Edris Trabzadah, Senior Legal Specialist Faraz Ahmad, Legal Specialist Sofia Schreiner, Legal Spe­cial­ist Al­ex­an­der Stadahl, Legal Specialist, all Smart Operations CMS Beijing Falk Licht­en­stein Roxy Meng CMS Milan Daniela Murer Alessandra Cuni CMS Rome Fabrizio Spagnolo CMS Istanbul Döne Yalçın Merve Akkuş CMS Paris Thomas Hains Marion Berberian CMS Belgrade Maja Stepanović CMS Vienna Dr Dieter Zandler CMS London Russell Hoare Melanie Lane Focaccia Amaral L S Advogados, Brazil in association with CMS Renata Homem de Melo Fontes Carla Anastácio Lau, Horton & Wise LLP, Hong Kong in association with CMS Shirley Lau Albert Jok MILLER & MARTIN PLLC, USA Joe DeLisle Vaish Associates Advocates, India Shrinivas SankaranPress Con­tact presse@cms-hs. com
22/01/2024
Grasping the opportunity in digital regulation
Digital regulation is shaping the future of Europe’s economy. Now is the time to prepare. 
15/01/2024
An overview of the Data Act
The Data Act is intended in particular to promote the flow and use of data. This article provides an overview.On 27 Novem­ber 2023, the Data Act was adopted by the Council of the European Union after...
11/01/2024
CMS advises Commerzbank on joint venture for digital payment solutions
Frankfurt am Main, Atlanta, - CMS, led by Dr. Tobias Grau and Dr. Florian Plagemann, has comprehensively advised Commerzbank on the formation of a joint venture with Global Payments, a leading global provider of financial technologies and software solutions (here). CMS regularly advises banks and payment service providers on M&A transactions and regulatory matters, including Commerzbank's repurchase of the installment loan business from BNP Paribas. CMS Germany Dr Tobias Grau, Partner, Co-Lead Dr Florian Plagemann, Partner, Co-Lead Birgit Schlemmer, Senior Associate Dr Kai Wallisch, Partner Dr Tobias Kilian, Of Counsel Dr Marcel Hagemann, Partner Dr Christian Zielonka, Principal Counsel Carmen Hübner, Senior Associate Dr Maximilian Stark, Senior Associate Dr Miriam Bach, As­so­ci­ate Kath­rin Dengel, Associate Gustav Isele, Associate, all Corporate/M&A Dr Markus M. Pfaff, Client Relationship Partner Moritz Gerstmayr, Coun­sel Char­lotte Salathé, Counsel  Marcel Moussaoui, Associate Mohal Jennifer Egzau, Associate, all Banking & Finance Philipp Lotze, Partner Dr Michael Kraus, Partner Dr Anna Lena Füllsack, Senior As­so­ci­ate Theresa Lenger, Senior Associate, all TMC Kai Neuhaus, Partner Dr Björn Herbers, Partner Moritz Pottek, Counsel, all Antitrust, Competition & Trade Jörg Schrade, Part­ner Chris­ti­an Linseisen, Senior Associate, both Tax Dr Oliver Simon, Partner Dr Michael Rein, Principal Counsel Dr Philipp Deuchler, Senior Associate, all Labor, Employment & Pensions Commerzbank AG (Legal) Dr Benedikt Leffers (Group Legal, Head of Corporate / Regulatory Law)  Lars Kauer (Group Legal, Senior Legal Counsel, Corporate / Regulatory Law)  Markus Vetter (Group Legal, General Counsel, Technology, Data & In­fra­struc­ture) Carina Erlenwein (Group Legal, Senior Legal Counsel, Sales, Account Management, Payment Trans­ac­tions) Press Con­tact presse@cms-hs. com
01/12/2023
EU Competition Law Briefings
The EU Competition Law Briefings have been created to provide a platform for our clients and other competition law experts to stay up to date on the developments of EU Competition Law. Every month CMS...
30/11/2023
CMS advises Rügenwalder Mühle shareholder on investment by Pfeifer & Langen
Munich – Family-owned firm Pfeifer & Langen has taken a majority stake in Rügenwalder Mühle, a branded manufacturer that is considered a pioneer in vegetarian/vegan alternatives to meat and sausages...