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Bernt Elsner
Partner

Bernt Elsner

Languages
  • English
  • German
Social media

Bernt Elsner is a leading expert in the fields of EU competition/antitrust lawpublic procurement law and public law. He was Managing Partner at CMS from 2004 to 2010. He has more than 24 years of professional experience in Vienna and Brussels.

Elsner advises and represents national and international companies in national and European merger control proceedings, especially cross-border mergers, advises on horizontal antitrust law, especially in the area of bidding cartels, vertical distribution structures, abuse control and state aid law. Here's what he hopes to achieve in the antitrust department: “I want to position CMS as the first port of call for companies seeking comprehensive top advice in merger and antitrust proceedings in multiple European jurisdictions.”

Explaining CMS's biggest asset, he says: “The CMS network offers access to more than 150 antitrust experts in 27 countries and thus significantly greater coverage in Europe than any of our competitors. This is particularly important in the case of house searches, because we can support our clients on site at very short notice thanks to our numerous locations.”
 

Awards & Recognitions
01
  • Quote
    "Bernt Elsner is an exceptionally competent and very pleasant partner to work with. His brightness and fantastic way of handling issues and his way of negotiating in an extremely polite, intelligent and firm way is exceptional. When Bernt speaks everybody listens."
    The Legal 500 EMEA, 2024
  • Quote
    "Bernt Elsner is very wise and pleasant to work with."
    Chambers Europe, 2024
  • Quote
    "Bernt Elsner is a highly qualified and professional lawyer in public procurement law, always committed to the client’s well-being and the case."
    The Legal 500 EMEA, 2024
  • Quote
    ‘Thomas Hamerl and Bernt Elsner are outstanding both in legal competence but also in their behaviour towards clients, other advisors and even counterparts. This is true competence!’
    The Legal 500 EMEA, 2024
  • Quote
    "Bernt Elsner is the mastermind behind the well-coordinated team. He has very fast response times, gives excellent and clear explanations of possible choices and always supports us in making the right choices."
    The Legal 500, 2023
  • Quote
    "Bernt Elsner is an experienced senior lawyer with remarkable advocacy skills."
    Chambers Europe, 2023
  • Quote
    "He is very bright and understands abstract facts immediately. He saved the company much money by thinking critical and has deep knowledge of Austrian and EU law. Dr. Elsner is very reliable and easy to reach. If engaged , he does the work himself."
    The Legal 500, 2022

Publications

Bernt Elsner is the author of six specialist books on public procurement law and numerous book contributions and essays, as well as being co-editor of the Zeitschrift für Vergaberecht und Bauvertragsrecht (Journal for Public Procurement Law and Construction Contract Law), the leading Austrian journal on public procurement law.

“Public procurement law is exciting because it places in tension EU law and national law, public and private law, federal and state law, as well as law, technical planning and operational costing. The complexity of large procurement procedures requires a respectful exchange between different professional disciplines, which requires many years of industry experience.”

  • Elsner/Zandler/HoraceckChapter 2: Austria, in Dolmans/Mostyn/Todd (ed.), The Dominance and Monopolies Review11 (2023) 12.
  • Elsner/Zandler/Scharf, The Private Competition Enforcement Review: Austria, in Knable Gotts/Schwartz (eds.), The Private Competition Enforcement Review13 (2022).
  • Elsner/Zandler/Horaceck, Chapter 3: Austria, in Dolmans/Mostyn (eds), The Dominance and Monopolies Review8 (2020) 30.
  • Elsner/Zandler/Wimmer-NistelbergeChapter 4: Austria, in Knable Gotts/Schwartz (Hrsg), The Private Competition Enforcement Review13 (2020) 35.
  • Publisher of the CMS Public Procurement Guide (updated 2019).
  • Vergaberecht, in Bergthaler/Grabenwarter (eds.), Musterhandbuch Öffentliches Recht2 (2014).
  • Federal Procurement Act3 (Manz, 2010)
  • Co-editor of the Journal of Procurement Law and Construction Contract Law (since 2001).
  • The new ÖNORM A 2050 (Linde, 2000).

Memberships & Roles

Bernt Elsner is head of the Austrian practice groups for public procurement law, EU competition law and public law.

  • Austrian Bar Association
  • Antitrust Law Study Association
  • Austrian Society for Building Law and Construction (ÖGEBAU)

Awards & Rankings

  • Band 1 in Chambers Europe Ranking 2022: “Excellent practitioner Bernt Elsner is well placed to handle complex procurement and tender procedures while also regularly handling review proceedings. He is also sought after for his cross-border capabilities.”
  • Legal 500 lists him as a “leading individual” in Band 1 (2020, 2021) and describes him as a “very professional and knowledgeable lawyer”, with “excellent understanding in procedural and legal matters” (2021).
  • Chambers & Partners invariably list Bernt Elsner in Band 1, calling him a “brilliant procurement lawyer” (2014) who “remains calm in the face of the storm and focused on the really important issues” (2020).
  • IFLR has awarded him “market leader” in the field of energy and infrastructure (2018, 2019), Best Lawyers “Lawyer of the Year for European Law” (2019).

Lectures list

Bernt Elsner is an active lecturer on public procurement law topics, at the University of Vienna, at numerous public procurement law conferences and seminars. He was the technical director of the MANZ Annual Conference on Public Procurement Law 2019.

  • Annual guest lecturer at the University of Vienna on public procurement law.
  • Expert leader of the annual CMS Public Procurement Forum.
  • Technical Director of the MANZ Annual Conference on Public Procurement Law (2019).
  • Regular speaker at Business Circle's annual conference “Vergabeforum”.
  • Regular speaker at ARS and IMH seminars on public procurement law, competition law and compliance issues.

Education

  • 1996 - Admitted to the Austrian Bar
  • 1993 - Mag. rer. soc. oec., Business Administration, Vienna University of Economics and Business Administration
  • 1991 - Dr. iur., Law, University of Vienna
  • 1989 - Mag. iur., Law, University of Vienna

Bernt Elsner is a partner and head of the Austrian practice groups for public procurement law, EU competition law and public law. He is a leading expert in the fields of public procurement law, EU competition/antitrust law and public law. He was Managing Partner at CMS from 2004 to 2010. He has more than 24 years of professional experience in Vienna and Brussels.

Elsner is one of Austria’s leading experts in the dynamic and constantly changing field of public procurement law. His publications and lectures have had a decisive influence on Austrian public procurement law.

Bernt Elsner defines his goals as head of the global CMS Public Procurement practice group as follows: “I want to position CMS as the first port of call for companies seeking comprehensive top advice for tenders in several European jurisdictions.”

“The aim of public procurement law is to provide fair rules for competition that allow contracting authorities to identify the offer with the best value for money. The best solution is the right combination of whole life costs, environmental impact and a sustainable outcome for future generations.”

Elsner advises public contracting authorities on the structuring of complex tenders, advises bidders on their participation in procurement procedures, especially public-private partnerships (PPP projects), and represents them in procurement law disputes. He has extensive experience in tender-related compliance issues. He also has in-depth experience in the construction and infrastructure sectors, healthcare, and the financial, energy and climate change sectors.

Elsner studied law at the University of Vienna and business administration at the Vienna University of Economics and Business Administration. In 1993/94 he worked as a research assistant at the Austrian Constitutional Court for the constitutional judges Prof. Dr. Karl Spielbüchler and Prof. Dr. Karl Korinek. In 1997, he practised European competition law at Cleary Gottlieb Steen & Hamilton in Brussels. 

Awards & Recognitions
01
  • Quote
    ‘Bernt Elsner shows great commitment, an extraordinary knowledge of public procurement law, and provides excellent support.’
    Legal 500, 2025
  • Quote
    "Bernt Elsner is an exceptionally competent and very pleasant partner to work with. His brightness and fantastic way of handling issues and his way of negotiating in an extremely polite, intelligent and firm way is exceptional. When Bernt speaks everybody listens."
    The Legal 500 EMEA, 2024
  • Quote
    "Bernt Elsner is very wise and pleasant to work with."
    Chambers Europe, 2024
  • Quote
    "Bernt Elsner is a highly qualified and professional lawyer in public procurement law, always committed to the client’s well-being and the case."
    The Legal 500 EMEA, 2024
  • Quote
    "Bernt Elsner is an experienced senior lawyer with remarkable advocacy skills."
    Chambers Europe, 2023
  • Quote
    ‘Thomas Hamerl and Bernt Elsner are outstanding both in legal competence but also in their behaviour towards clients, other advisors and even counterparts. This is true competence!’
    The Legal 500 EMEA, 2024
  • Quote
    "Bernt Elsner is highly qualified and knowledgeable in all public procurement matters. But further to that, he has an excellent understanding of legal procedures.”
    The Legal 500, 2021
  • Quote
    "Bernt Elsner is the mastermind behind the well-coordinated team. He has very fast response times, gives excellent and clear explanations of possible choices and always supports us in making the right choices."
    The Legal 500, 2023
  • Quote
    "He is very bright and understands abstract facts immediately. He saved the company much money by thinking critical and has deep knowledge of Austrian and EU law. Dr. Elsner is very reliable and easy to reach. If engaged , he does the work himself."
    The Legal 500, 2022

Publications

Bernt Elsner is the author of six specialist books on public procurement law and numerous book contributions and essays, as well as being co-editor of the Zeitschrift für Vergaberecht und Bauvertragsrecht (Journal for Public Procurement Law and Construction Contract Law), the leading Austrian journal on public procurement law.

“Public procurement law is exciting because it places in tension EU law and national law, public and private law, federal and state law, as well as law, technical planning and operational costing. The complexity of large procurement procedures requires a respectful exchange between different professional disciplines, which requires many years of industry experience.”

  • Elsner/Zandler/HoraceckChapter 2: Austria, in Dolmans/Mostyn/Todd (ed.), The Dominance and Monopolies Review11 (2023) 12.
  • Elsner/Zandler/Scharf, The Private Competition Enforcement Review: Austria, in Knable Gotts/Schwartz (eds.), The Private Competition Enforcement Review13 (2022).
  • Elsner/Zandler/Horaceck, Chapter 3: Austria, in Dolmans/Mostyn (eds), The Dominance and Monopolies Review8 (2020) 30.
  • Elsner/Zandler/Wimmer-NistelbergeChapter 4: Austria, in Knable Gotts/Schwartz (Hrsg), The Private Competition Enforcement Review13 (2020) 35.
  • Publisher of the CMS Public Procurement Guide (updated 2019).
  • Vergaberecht, in Bergthaler/Grabenwarter (eds.), Musterhandbuch Öffentliches Recht2 (2014).
  • Federal Procurement Act3 (Manz, 2010)
  • Co-editor of the Journal of Procurement Law and Construction Contract Law (since 2001).
  • The new ÖNORM A 2050 (Linde, 2000).

Memberships & Roles

Bernt Elsner is head of the Austrian practice groups for public procurement law, EU competition law and public law.

  • Austrian Bar Association
  • Antitrust Law Study Association
  • Austrian Society for Building Law and Construction (ÖGEBAU)

Awards & Rankings

  • Band 1 in Chambers Europe Ranking 2022: “Excellent practitioner Bernt Elsner is well placed to handle complex procurement and tender procedures while also regularly handling review proceedings. He is also sought after for his cross-border capabilities.”
  • Legal 500 lists him as a “leading individual” in Band 1 (2020, 2021) and describes him as a “very professional and knowledgeable lawyer”, with “excellent understanding in procedural and legal matters” (2021).
  • Chambers & Partners invariably list Bernt Elsner in Band 1, calling him a “brilliant procurement lawyer” (2014) who “remains calm in the face of the storm and focused on the really important issues” (2020).
  • IFLR has awarded him “market leader” in the field of energy and infrastructure (2018, 2019), Best Lawyers “Lawyer of the Year for European Law” (2019).

Lectures list

Bernt Elsner is an active lecturer on public procurement law topics, at the University of Vienna, at numerous public procurement law conferences and seminars. He was the technical director of the MANZ Annual Conference on Public Procurement Law 2019.

  • Annual guest lecturer at the University of Vienna on public procurement law.
  • Expert leader of the annual CMS Public Procurement Forum.
  • Technical Director of the MANZ Annual Conference on Public Procurement Law (2019).
  • Regular speaker at Business Circle's annual conference “Vergabeforum”.
  • Regular speaker at ARS and IMH seminars on public procurement law, competition law and compliance issues.

Education

  • 1996 - Admitted to the Austrian Bar
  • 1993 - Mag. rer. soc. oec., Business Administration, Vienna University of Economics and Business Administration
  • 1991 - Dr. iur., Law, University of Vienna
  • 1989 - Mag. iur., Law, University of Vienna

Bernt Elsner is a leading expert in public law, public procurement law and EU competition/antitrust law. He was Managing Partner at CMS from 2004 to 2010. He has more than 24 years of professional experience in Vienna and Brussels.

As a former research assistant at the Austrian Constitutional Court, he has specific experience and expertise in public law matters. He represents clients before various authorities, the Federal and Provincial Administrative Courts, the Constitutional Court, the Administrative Court and the European Courts.

Awards & Recognitions
01
  • Quote
    "Bernt Elsner is an exceptionally competent and very pleasant partner to work with. His brightness and fantastic way of handling issues and his way of negotiating in an extremely polite, intelligent and firm way is exceptional. When Bernt speaks everybody listens."
    The Legal 500 EMEA, 2024
  • Quote
    "Bernt Elsner is very wise and pleasant to work with."
    Chambers Europe, 2024
  • Quote
    "Bernt Elsner is a highly qualified and professional lawyer in public procurement law, always committed to the client’s well-being and the case."
    The Legal 500 EMEA, 2024
  • Quote
    "Bernt Elsner is the mastermind behind the well-coordinated team. He has very fast response times, gives excellent and clear explanations of possible choices and always supports us in making the right choices."
    The Legal 500, 2023
  • Quote
    ‘Thomas Hamerl and Bernt Elsner are outstanding both in legal competence but also in their behaviour towards clients, other advisors and even counterparts. This is true competence!’
    The Legal 500 EMEA, 2024
  • Quote
    "Bernt Elsner is an experienced senior lawyer with remarkable advocacy skills."
    Chambers Europe, 2023
  • Quote
    "He is very bright and understands abstract facts immediately. He saved the company much money by thinking critical and has deep knowledge of Austrian and EU law. Dr. Elsner is very reliable and easy to reach. If engaged , he does the work himself."
    The Legal 500, 2022

Publications

Bernt Elsner is the author of six specialist books on public procurement law and numerous book contributions and essays, as well as being co-editor of the Zeitschrift für Vergaberecht und Bauvertragsrecht (Journal for Public Procurement Law and Construction Contract Law), the leading Austrian journal on public procurement law.

“Public procurement law is exciting because it places in tension EU law and national law, public and private law, federal and state law, as well as law, technical planning and operational costing. The complexity of large procurement procedures requires a respectful exchange between different professional disciplines, which requires many years of industry experience.”

  • Elsner/Zandler/HoraceckChapter 2: Austria, in Dolmans/Mostyn/Todd (ed.), The Dominance and Monopolies Review11 (2023) 12.
  • Elsner/Zandler/Scharf, The Private Competition Enforcement Review: Austria, in Knable Gotts/Schwartz (eds.), The Private Competition Enforcement Review13 (2022).
  • Elsner/Zandler/Horaceck, Chapter 3: Austria, in Dolmans/Mostyn (eds), The Dominance and Monopolies Review8 (2020) 30.
  • Elsner/Zandler/Wimmer-NistelbergeChapter 4: Austria, in Knable Gotts/Schwartz (Hrsg), The Private Competition Enforcement Review13 (2020) 35.
  • Publisher of the CMS Public Procurement Guide (updated 2019).
  • Vergaberecht, in Bergthaler/Grabenwarter (eds.), Musterhandbuch Öffentliches Recht2 (2014).
  • Federal Procurement Act3 (Manz, 2010)
  • Co-editor of the Journal of Procurement Law and Construction Contract Law (since 2001).
  • The new ÖNORM A 2050 (Linde, 2000).

Memberships & Roles

Bernt Elsner is head of the Austrian practice groups for public procurement law, EU competition law and public law.

  • Austrian Bar Association
  • Antitrust Law Study Association
  • Austrian Society for Building Law and Construction (ÖGEBAU)

Awards & Rankings

  • Band 1 in Chambers Europe Ranking 2022: “Excellent practitioner Bernt Elsner is well placed to handle complex procurement and tender procedures while also regularly handling review proceedings. He is also sought after for his cross-border capabilities.”
  • Legal 500 lists him as a “leading individual” in Band 1 (2020, 2021) and describes him as a “very professional and knowledgeable lawyer”, with “excellent understanding in procedural and legal matters” (2021).
  • Chambers & Partners invariably list Bernt Elsner in Band 1, calling him a “brilliant procurement lawyer” (2014) who “remains calm in the face of the storm and focused on the really important issues” (2020).
  • IFLR has awarded him “market leader” in the field of energy and infrastructure (2018, 2019), Best Lawyers “Lawyer of the Year for European Law” (2019).

Lectures list

Bernt Elsner is an active lecturer on public procurement law topics, at the University of Vienna, at numerous public procurement law conferences and seminars. He was the technical director of the MANZ Annual Conference on Public Procurement Law 2019.

  • Annual guest lecturer at the University of Vienna on public procurement law.
  • Expert leader of the annual CMS Public Procurement Forum.
  • Technical Director of the MANZ Annual Conference on Public Procurement Law (2019).
  • Regular speaker at Business Circle's annual conference “Vergabeforum”.
  • Regular speaker at ARS and IMH seminars on public procurement law, competition law and compliance issues.

Education

  • 1996 - Admitted to the Austrian Bar
  • 1993 - Mag. rer. soc. oec., Business Administration, Vienna University of Economics and Business Administration
  • 1991 - Dr. iur., Law, University of Vienna
  • 1989 - Mag. iur., Law, University of Vienna