Brian Sher

Brian Sher

Partner
Lawyer

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English

Brian is a partner with CMS in London. He has practised exclusively in the field of EU and UK competition law and merger control for over 20 years. Brian has substantial UK and EU merger control experience, having obtained clearances for clients in Phase 1 and Phase 2 proceedings, both unconditionally and with remedies across a number of industry sectors.  He advises several leading international corporates on competition issues in their distribution, pricing, technology licensing and competitor collaboration arrangements, in their investigations and inquiries and in related litigation and competition appeals.  He is widely known for his expertise in abuse of dominance matters and is a frequent conference speaker in this area. In addition to his general practice, Brian has a particular industry focus in life sciences. He has been ranked as a leading individual for competition law in Chambers and Partners for the last 12 years.

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"He is very good at walking clients through the maze and helping find practical solutions to problems."

Chambers and Partners

Relevant experience

  • GlaxoSmithKline, the lead party, in the UK's only ever reverse patent settlement investigation and one of the OFT/CMA's longest and most high profile prohibitive competition law inquiries, and on its appeal to the Competition Appeal Tribunal (novel issues at the IP/competition interface and new ways of testing economic evidence).
  • Resolution Chemicals on the EU Lundbeck investigation.
  • Brookfield Utilities in a number of Ofcom inquiries.
  • Brookfield (GTC) in its purchase of Inexus (combination of the two leading UK last mile gas and electricity infrastructure operators, unconditional phase 1 clearance).
  • A number of pharmaceutical companies on UK and EU competition investigations.
  • A global pharmaceutical company defending competition counterclaims in pan-European trademark infringement litigation.
  • LCH.Clearnet on a number of EU and UK merger control matters.
  • Dassault Aviation – advising on the UK MoD aspects of its purchase of Alcatel’s stake in Thales.
  • Has co-ordinated numerous international filings and acted for Oracle on the US counsel team in the US Department of Justice litigation against its merger with PeopleSoft (successfully defended).
  • Advising major international corporates on complex competition law “behavioural” issues including abuse of dominance and restrictive practices.
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Education

B.C.L., First Class, Merton College, Oxford University, 1990

M.A. (Law), First Class, Merton College, Oxford University, 1989

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Memberships

Member of the Joint Working Party of the Bars and Law Societies of the UK on Competition Law

Member of the British Institute's Competition Law Forum and the Competition Law Association

Member of the Law Society's European Group

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Publications

Can a supplier prohibit retailers of its products from using online marketplaces? with K Garyali, January 2017

From the Courtroom to the Opinion: AG Wahl resets the standard for rebates in Intel, October 2016

Keep Calm - Yes; Carry on - No!  A response to Whish on Intel, Journal of European Competition Law and Practice, April 2015

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Lectures list

  • Originator and chair of the IBC Pharmaceuticals and Competition Law conference, Brussels, now in its fifth year.
  • Annual visiting lecturer on the Kings College, London Competition LLM (in abuse of dominance and rebates) since 2000.
  • "Pay for Delay", Lundbeck and the European Courts, EU Pharma Law Forum, Brussels, May 2017
  • Transparency remedies in EU /UK Law, joint panel of the Cartel and Corruption, Antitrust and Life Sciences Committees, IBA Annual Conference, Washington DC, September 2016
  • Discounts and rebates in the pharmaceutical industry, EU Pharma Law Forum, Brussels, May 2016

Frequent chair and speaker at conferences and events in London, Brussels and North America. Part of UK trade delegation to India, speaking on Competition Law, 2010.

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Expertise

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14 February 2017
Health Tech 2017: a case for greater connection