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Portrait ofBjörn Herbers

Dr. Björn Herbers, M.B.L.


CMS EU Law Office
Avenue des Nerviens 85
1040 Brussels
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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  • 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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  • 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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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...


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...
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...
International Digital Regulation Hub
Following the EU Commission plan “A Europe fit for the digital age”, we have witnessed a tsunami of digital regulations in the EU including DMA and DSA, AI Act, Data Act and there is still more to come.Whilst presenting companies with a tumultuous landscape to navigate, the legal obligations imposed also present opportunities to develop their business in a new digital framework safeguarding responsible business practices, fair competition and personal data.The CMS Digital Regulation Hub is home to our Digital Regulation Tracker Tool, providing an overview of the key regulatory instruments for area of law, sectors and business activities which are critical for decision makers as they adapt to the increasingly digital landscape.In addition to this unique tool, we explore the impact this tsunami of regulation is having for businesses across a variety of industries and how GCs can ride the waves to stay ahead of the curve. Our latest re­port il­lus­trates the key findings across Platforms, Content providers, Life Sciences & Healthcare, Energy & Infrastructure, Banking & Finance and Automotive industries.To discuss how to cope with the challenges of Digital Regulations and to explore the opportunities for your business, please contact one of our International experts.
CMS advises Finch Capital on acquisition of the Open Banking FinTechs Qwist...
Munich - The Warsaw-based investment company Crastorehill, which is majority-owned by Finch Capital, has acquired the Berlin-based open banking FinTech Qwist (previously finleap connect) and the open...
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...
CMS advises IT infrastructure manager Jiliti on acquisition of IT specialist...
Munich – Jiliti, a portfolio company of the French private equity fund Chequers Capital, has acquired StorTrec AG, a major player in IT infrastructures present in ten countries and headquartered in...
Webinar - The EU Data Act: What You Need to Know
On 27 June 2023, the EU reached an agreement on the new EU Data Act, a comprehensive new data legislation that will introduce far-reaching rules on access to and use of data in the EU. The EU Data Act aims to boost the EU's data economy by unlocking industrial data, optimizing its accessibility and use, and fostering a competitive and reliable European cloud market.
EU reaches agreement on Data Act – Comprehensive EU data law is on the...
On 27 June 2023, the European Parliament and Council resolved the remaining open points and reached a political agreement on the EU Data Act, paving the way for a new law that will introduce comprehensive...
10 key aspects of the notification form for concentrations under the Foreign...
On 10 July 2023, the European Commission adopted the Implementing Regulation and the notification form for concentrations under the Foreign Subsidies Regulation (EU) 2022/2560 (FSR), shortly before the...
CMS advises Metropolitan Equity Partners on the sale of Wismar Pellets...
Cologne – Germany's second largest power producer, the Cottbus-based LEAG Group, has acquired Wismar Pellets GmbH, based in Wismar, from US private equity investor Metropolitan Equity Partners in a...
Revision of the EU merger control procedural rules adopted: the arrival...
Following its evaluation of procedural aspects of EU merger control, on 20 April 2023 the European Commission adopted a package to further simplify its procedures for reviewing concentrations under the...
Germany adopts proposal to give Federal Cartel Office more power to intervene...
On 5 April 2023, the German federal government adopted the proposal of the 11th amendment to the German Act for Restraints against Competition (GWB) and started the legislative procedure in the federal...