Picture of Bernt Elsner

Bernt Elsner

Partner

CMS Reich-Rohrwig Hainz
Rechtsanwälte GmbH
Gauermanngasse 2
1010 Vienna
Austria
Languages English, German
Competition & EU

Bernt Elsner leads the Austrian Practice Group for EU competition law covering cartel law, merger control, abuse of dominance, state aid and antitrust compliance. He is a member of the management team of the international CMS Practice Group EU & Competition and Global Head of the CMS Public Procurement Practice Group.

He is a well-known expert with 20+ years of experience in Vienna and Brussels. He has specific experience in cross-border merger control matters, anticompetitive behaviour in tender procedures, antitrust compliance and state aid tender procedures. Further, he advises and represents national and international companies in competition litigation matters, including damages compensation claims based on antitrust.

Bernt Elsner studied law at the University of Vienna and business administration at the Vienna University of Economics and Business. In 1993/1994, he assisted Austrian Constitutional Court Justices Prof. Dr. Karl Spielbüchler and Prof. Dr. Karl Korinek as a law clerk. In 1997 he workes at Cleary Gottlieb Steen & Hamilton in Brussels. He was a managing partner at CMS Reich-Rohrwig Hainz from 2004 to 2010 and has sat on the CMS Executive Committee since 2004.

He is the author of numerous books, book contributions and articles on public procurement and competition law. He often lectures on public procurement, cartel law and compliance.

“I want to position CMS as the go-to address for companies looking for integrated top-service in merger-control proceedings and antitrust issues in several European jurisdictions.”

“The CMS dawn-raid network provides access to 140+ competition specialists in 27 jurisdictions, significantly more than any of our competitors in Europe. Our widespread network of offices in many countries enables us to assist our clients on very short notice.”

Bernt Elsner has specific industry knowledge in the construction and infrastructure, healthcare, financial, energy, and waste sectors.

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The ‘very fast’, ‘precise’ and ‘pragmatic’ Bernt Elsner heads the team.

Legal 500 2016

Who’s Who Legal describes him as a “sensational lawyer” combining “in-depth knowledge with commercial acumen”.

Who's Who Legal 2015

Education

1996 - Admission to the bar (Vienna, Austria)
1993 - Vienna University of Economics and Business (Business Administration, Mag. rer. soc. oec.)
1991 - University of Vienna, Dr. iur.
1989 - University of Vienna, Mag. iur.

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Memberships

  • Vienna Bar Association
  • International Bar Association
  • Antitrust Lawyers’ Association (Studienvereinigung Kartellrecht)
  • Society for Construction Law (Gesellschaft für Baurecht)
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Publications

  • “Bundesvergabegesetz” (Federal Public Procurement Law, German publication), 3rd edition (2010)
  • “Vergaberecht” (Public Procurement Law) in Bergthaler/Grabenwarter (Hrsg.) (eds.) “Musterhandbuch Öffentliches Recht” (Sample Handbook of Public Law, German publication), 2nd edition (2014)
  • Editor of the CMS Public Procurement Guide (2014)
  • Co-editor of the journal “Vergaberecht und Bauvertragsrecht” (Procurement Law and Building Contract Law, German publication) (since 2001)
  • ÖNORM A 2050 (German publication), (2000)
  • The Private Competition Enforcement Review - Edition 10 - Austria, with Dieter Zandler and Molly Kos (2017)
  • numerous book contributions and essays 

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Lectures list

  • Lectures at the procurement conference “Procurement Forum”
  • Business Circle, IIR and ARS seminars on public procurement, competition and compliance topics
  • Lectures at the conference "Procurement Forum" and seminars by Business Circle, IIR and ARS
  • Numerous seminars on Public Procurement, Competition Law and Compliance
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Procurement

Bernt Elsner is Global Head of the CMS Public Procurement Practice Group. In this position, he leads an international team of more than 100 public procurement experts in 36 offices covering 27 jurisdictions. Further, he leads the Austrian teams for public procurement, EU competition and regulatory.

Bernt Elsner is one of Austria’s leading specialists in the changing and dynamic field of public procurement with 20+ years of experience in Vienna and Brussels. He has influenced Austrian public procurement law through his numerous publications and lectures. He advises contracting authorities on structuring complex tender proceedings, advises and represents clients in procurement litigation matters and has extensive experience in compliance issues in tender procedures.

Bernt Elsner studied law at the University of Vienna and business administration at the Vienna University of Economics and Business. In 1993/1994, he assisted Austrian Constitutional Court Justices Prof. Dr. Karl Spielbüchler and Prof. Dr. Karl Korinek as a law clerk. In 1997 he work at Cleary Gottlieb Steen & Hamilton in Brussels. He was a managing partner at CMS Reich-Rohrwig Hainz from 2004 to 2010 and has sat on the CMS Executive Committee since 2004.

He is the author of six books on public procurement, numerous book contributions and articles and co-editor of Austria’s leading journal on public procurement and building contract law (“Zeitschrift für Vergaberecht und Bauvertragsrecht”). He often lectures on public procurement and advises on all aspects of public procurement law and public private partnerships.

“Public procurement is a fascinating area oscillating between EU law and national law, public law and private law, federal law and provincial law as well as law, engineering, business calculation and planning. The complexity of major tender procedures can only be handled in a respectful exchange between different professions based on long-lasting industry experience.”

Bernt Elsner has specific industry knowledge in the construction and infrastructure, healthcare, financial, energy, and waste sectors.

“I want to position CMS as the go-to address for companies looking for integrated top-service in tender proceedings in several European jurisdictions.”

“The aim of public procurement law is a fair playing field for all competitors, enabling the contracting authority to identify the best value-for-money offer. The best solution provides the right mix of the total costs of ownership throughout the usage period, ecological effects and a sustainable result in the interest of future generations.”

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"Very experienced player in procurement" Bernt Elsner is a top-level lawyer, praised by sources for his "comprehensive know-how and experience in procurement law."

Chambers Europe, 2017

Bernt Elsner commands great respect among peers, with one source describing him as "the doyen of the public procurement scene." Clients observe that he is "well prepared and knows the details," and that he is "very good in negotiations."

Chambers Europe 2016

Clients enthuse that he is “good in negotiations and getting the right things in contracts, is very specialised and has great expertise in procurement law”.

Chambers Europe 2015

Education

1996 - Admission to the bar (Vienna, Austria)
1993 - Vienna University of Economics and Business (Business Administration, Mag. rer. soc. oec.)
1991 - University of Vienna, Dr. iur.
1989 - University of Vienna, Mag. iur.

more less

Memberships

  • Vienna Bar Association
  • International Bar Association
  • Antitrust Lawyers’ Association (Studienvereinigung Kartellrecht)
  • Society for Construction Law (Gesellschaft für Baurecht)
more less

Publications

  • “Bundesvergabegesetz” (Federal Public Procurement Law, German publication), 3rd edition (2010)
  • “Vergaberecht” (Public Procurement Law) in Bergthaler/Grabenwarter (Hrsg.) (eds.) “Musterhandbuch Öffentliches Recht” (Sample Handbook of Public Law, German publication), 2nd edition (2014)
  • Editor of the CMS Public Procurement Guide (2014)
  • Co-editor of the journal “Vergaberecht und Bauvertragsrecht” (Procurement Law and Building Contract Law, German publication) (since 2001)
  • ÖNORM A 2050 (German publication), (2000)
  • The Private Competition Enforcement Review - Edition 10 - Austria, with Dieter Zandler and Molly Kos (2017)
  • numerous book contributions and essays 

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Lectures list

  • Lectures at the procurement conference “Procurement Forum”
  • Business Circle, IIR and ARS seminars on public procurement, competition and compliance topics
  • Lectures at the conference "Procurement Forum" and seminars by Business Circle, IIR and ARS
  • Numerous seminars on Public Procurement, Competition Law and Compliance
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Public Law

Bernt Elsner leads the Austrian Practice Group for public commercial law and regulatory. Furthermore, he is Global Head of the CMS Public Procurement Practice Group and leads the Austrian Practice Group for EU competition.

As a former law clerk at the Austrian Constitutional Court, he has specific experience and know-how in public law matters. He represents clients before various authorities, the Federal and Provincial Administrative Courts, the Austrian Constitutional Court, the Supreme Administrative Court and European courts.

Bernt Elsner studied law at the University of Vienna and business administration at the Vienna University of Economics and Business. In 1993/1994, he assisted Austrian Constitutional Court Justices Prof. Dr. Karl Spielbüchler and Prof. Dr. Karl Korinek as a law clerk. He has more than 20 years of experience as a solicitor, including work at Cleary Gottlieb Steen & Hamilton in Brussels in 1997. He was a managing partner at CMS Reich-Rohrwig Hainz from 2004 to 2010 and has sat on the CMS Executive Committee since 2004.

He is the author of numerous books, book contributions and articles on public procurement and competition law. He often lectures on public procurement, cartel law and compliance.

“The regulatory framework is becoming more and more complex. At the same time, business decisions must be taken in short time frames and shareholders, authorities and the public expect full compliance without compromise in all jurisdictions. Therefore, professional assistance is key. To meet this challenge, CMS is the best partner.”

Bernt Elsner has specific industry knowledge in the construction and infrastructure, healthcare, financial, energy, and waste sectors.

“I want to position CMS as the go-to address for companies looking for integrated, top-level service on regulatory compliance in Europe.”

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Practice head Bernt Elsner is ‘a skilled negotiator’ and ‘adaptable’

Legal 500, 2017

Education

1996 - Admission to the bar (Vienna, Austria)
1993 - Vienna University of Economics and Business (Business Administration, Mag. rer. soc. oec.)
1991 - University of Vienna, Dr. iur.
1989 - University of Vienna, Mag. iur.

more less

Memberships

  • Vienna Bar Association
  • International Bar Association
  • Antitrust Lawyers’ Association (Studienvereinigung Kartellrecht)
  • Society for Construction Law (Gesellschaft für Baurecht)
more less

Publications

  • “Bundesvergabegesetz” (Federal Public Procurement Law, German publication), 3rd edition (2010)
  • “Vergaberecht” (Public Procurement Law) in Bergthaler/Grabenwarter (Hrsg.) (eds.) “Musterhandbuch Öffentliches Recht” (Sample Handbook of Public Law, German publication), 2nd edition (2014)
  • Editor of the CMS Public Procurement Guide (2014)
  • Co-editor of the journal “Vergaberecht und Bauvertragsrecht” (Procurement Law and Building Contract Law, German publication) (since 2001)
  • ÖNORM A 2050 (German publication), (2000)
  • The Private Competition Enforcement Review - Edition 10 - Austria, with Dieter Zandler and Molly Kos (2017)
  • numerous book contributions and essays 

more less

Lectures list

  • Lectures at the procurement conference “Procurement Forum”
  • Business Circle, IIR and ARS seminars on public procurement, competition and compliance topics
  • Lectures at the conference "Procurement Forum" and seminars by Business Circle, IIR and ARS
  • Numerous seminars on Public Procurement, Competition Law and Compliance
more less

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2016
CMS Pub­lic Pro­cure­ment Con­tact Card
10/05/2017
CMS Pub­lic Pro­cure­ment For­um
We are pleased to in­vite you to the CMS Pub­lic Pro­cure­ment For­um that will be held at the Busi­ness Centre Club in Warsaw, on 24 May 2017. The event will dis­cuss re­cent trends and de­vel­op­ments in the pub­lic pro­cure­ment mar­ket both in Po­land and across Europe.
19/06/2017
Guide to the EU pub­lic pro­cure­ment rules
29/03/2017
Car­tel Act Amend­ment 2017
On 14 March 2017, the Aus­tri­an Na­tion­al Coun­cil’s Justice Com­mit­tee ad­op­ted a gov­ern­ment bill on the amend­ment of the Kar­tell- und Wettbe­w­erb­srechts-Än­der­ungs­ge­setz (Act Amend­ing the An­ti­trust and Com­pet­i­tion Act) 2017.
28/06/2016
CMS Pub­lic Pro­cure­ment Guide
CMS e-guide of­fers a com­pre­hens­ive over­view of EU Pub­lic...