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 Brian Sher
Partner

Brian Sher

Head of Antitrust, Competition and Trade

Languages
  • English
  • French
Social media

Brian is the Head of Antitrust, Competition and Trade, CMS UK; Co-Chair, Joint Working Party of the Bars and Law Societies of the UK on Competition Law.

Brian is dual qualified: Solicitor, England & Wales; and Advocaat, Dutch Brussels Bar (A-list) with 30 years' experience and two years' prior management consultancy training.

He has substantial experience in written and oral advocacy before the competition authorities and courts, and in counselling companies and their boards on strategic competition issues. He covers all aspects of EU/UK competition and regulatory law including global merger control, Foreign Direct Investment, distribution strategy, pricing, utility regulation, private enforcement, state subsidies and consumer protection. Brian has extensive experience handling substantive merger control filings in several countries, and extensive investigations experience before the EU/UK competition authorities. He has represented the lead party on several multi-party competition and regulatory appeals. He has also worked as a core member of a US antitrust trial team (US v Oracle).

Alongside general practice, Brian has a particular focus in the technology/media, life sciences/healthcare and energy/infrastructure sectors. He has significant experience of competition issues in copyright, trade mark and patent disputes and is widely known for his expertise in abuse of dominance, especially regarding pricing and rebates schemes.

Awards & Recognitions
01
  • Quote
    “Every word he says is measured and impactful.”
    Chambers and Partners UK: London Competition Law 2025
  • Quote
    “Brian Sher has a great breadth of experience and a calm, persuasive manner that plays well with regulators.”
    Chambers and Partners UK: London, Competition Law 2025
  • Quote
    “Brian Sher is the top pharma and competition litigator in London bar none."
    Legal 500 UK: London, Dispute Resolution, Competition Litigation 2025
  • Quote
    “Standout performer, with enormous experience and great judgement.”
    Legal 500 UK: London, EU and Competition 2025
  • Award
    Named one of the Top 10 Prominent UK Competition Lawyers Dominating 2023
    Business Today Lawyer Awards
  • Award
    Led the team winning “Competition Team of the Year”
    Legal Business Awards 2020
  • Award
    Ranked as Leading Individual.
    Chambers and Partners UK, and Legal 500
  • Award
    Ranked as a Global Thought Leader.
    Lexology Index
  • Quote
    "Brian is a brilliant competition lawyer, he is immensely experienced, really a true quality person in competition law matters."
    Chambers, EU and Competiton, 2023
  • Quote
    "Brian Sher is outstanding. He has a real intellectual hunger to understand competition law and a work ethic which is second-to-none, clients appreciate his unhesitating devotion to their cause."
    Legal 500 Competition Litigation, 2023
  • Quote
    “Brian has really impressed me on the matter we have been working together on for 18 months. His knowledge of competition law and his ability to distil complex facts and provide pragmatic, risk-based advice to clients is impressive. He also commands loyalty from his team and provides an environment in which they can express their views and excel.”
    Legal 500 United Kingdom: London, EU and Competition 2022

Relevant experience

  • Alliance pharmaceuticals, a leading international healthcare business, on its ground-breaking successful Competition Appeal Tribunal appeal following the Competition and Markets Authority’s Prochlorperazine competition infringement decision. In a unanimous judgment the CAT upheld Alliance’s appeal, finding there was no agreement to exclude competition from the market. The CAT agreed with all of CMS’ arguments and singled out Alliance’s witnesses for praise. Director disqualification proceedings brought against two former Alliance CEOs also collapsed. The case will impact how the CMA carries out its enforcement activity.
  • A major multinational automobile manufacturer on the ongoing parallel European Commission and CMA investigations into end-of-life vehicles.
  • A large TV production company on the CMA’s ongoing investigation into freelance/employed labour supporting TV content.
  • ParentPay/ESS, a leading educational technology provider, on a CMA abuse of dominance investigation (settled with novel commitments including an independent adjudication mechanism).
  • BT on its 50:50 joint venture with Warner Bros. Discovery to create a new sports offering for the UK and Ireland, combining BT Sport and Eurosport.
  • Octopus on its purchase of Bulb and defending associated judicial review and appeal proceedings in relation to alleged subsidy – a unique and landmark case concerning the EU-UK Trade and Cooperation Agreement.
  • A Macquarie-led consortium on its purchase of 60% of National Grid (largest UK energy transaction in recent years; CMA, EUMR and NSIA clearances).
  • Cadent, the UK's largest owner of gas distribution networks, on the RIIO-2 gas distribution price control and its appeal to the CMA (successful on the majority of grounds appealed).
  • GlaxoSmithKline, the lead party, in the UK's first 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 and (unique) reference to the Court of Justice of the EU (40% reduction in fine and abuse of dominance fine overturned, novel issues at the IP/competition interface).
  • Cox Automotive and Auto Trader Plc on their joint venture to create Dealer Auction, a leading online auction company for the wholesale remarketing of vehicles (CMA phase 1 unconditional clearance despite high market shares).
  • ParentPay, a leading schools payment software provider on its merger with leading management information systems provider Education Software Solutions (cleared unconditionally at phase 1 despite significant market shares in adjacent markets).
  • A global pharmaceutical company in coordinating the defence and settlement through mediation of a multi-party competition damages civil claim.
  • A global pharmaceutical company defending abuse of dominance counterclaims in pan-European trademark infringement litigation.
  • Cox Automotive on the sale of its online business to consumer vehicle platform Motors.co.uk to eBay.
  • Brookfield Renewable on its 50:50 JV with KKR to acquire leading independent solar platform X-Elio.
  • A consortium of investors on the acquisition of Electricity North West.
  • An investor in ground rents on the CMA leasehold consumer law investigation.
  • ThirdWay Interiors on the CMA investigation into design and fit-out of office space (settled with reduced fines).
  • Resolution Chemicals on the EU Lundbeck investigation.

Memberships & Roles

  • Head of Antitrust, Competition and Trade Group CMS UK.
  • Steering Committee Member, Global Antitrust, Competition and Trade Group, CMS.
  • Co-chair of the Joint Working Party of the Bars and Law Societies of the UK on Competition Law.
  • Solicitor, England and Wales.
  • Advocaat, Dutch Brussels Bar (A-List).
  • Member of the Law Society's European Group.

Lectures list

  • Regular speaker/chair on conference circuit in London and Brussels.
  • Annual visiting lecturer on abuse of dominance on the Kings London LLM for the past 20 years.
  • Brian frequently speaks at conferences in North America (IBA, ABA, US law firm events) and elsewhere including as part of a UK trade delegation to India.

Education

  • 1990 - B.C.L., First Class, Merton College, Oxford University, Oxford.
  • 1989 - M.A. (Law), First Class, Merton College, Oxford University, Oxford.