MMag Dr Bernt Elsner > CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH > Vienna, Austria > Lawyer Profile

CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH
GAUERMANNGASSE 2
1010 WIEN
Austria

Work Department

Public Procurement, Competition & Eu, Public Law, Compliance Infrastructure & Projects, Public-Private Partnerships (PPP), Lifesciences

Position

Bernt Elsner is partner and leading expert in the fields of public procurement, antitrust and public law. He heads the Austrian practice for EU competition/antitrust, is a member of the management team of the international CMS Competition & EU Practice Group and global head of the CMS Public Procurement Practice Group.

He 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. From 2004 to 2010 he was Managing Partner of CMS Reich-Rohrwig Hainz. He has more than 23 years of professional experience in Vienna and Brussels.

He advises and represents national and international companies in national and European merger control proceedings, especially in cross-border mergers, on horizontal antitrust law, especially in the area of submission cartels, vertical distribution structures, abuse control and state aid law.

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.

Career

Legal clerk at the Austrian Constitutional Court (1993/94); Cleary, Gottlieb, Steen & Hamilton, Brussels (1997); partner at CMS Reich-Rohrwig Hainz since 2001, managing partner from 2004 to 2010; author of several standard reference books and leading commentaries on public procurement law.

Languages

German, English

Memberships

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

Education

University of Vienna (Mag. iur., 1989; Dr. iur., 1991); Vienna University of Economics and Business Administration (Mag. rer. soc. oec., 1993)

Lawyer Rankings

Austria > Public procurement

(Leading individuals)

Bernt ElsnerCMS Reich-Rohrwig Hainz Rechtsanwälte GmbH

CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH assists public and private entities throughout the full life cycle of public procurement up to related litigation. The group is also particularly adept at handling PPPs in infrastructure and healthcare industries and also handles cross-border projects and tender procedures. Bernt Elsner and his team deploy a procurement portal for clients to carry out tendering processes electronically, an initiative that has come in particularly handy during Covid-19. Elsner often advises contracting authorities and also has experience of compliance issues. Robert Keisler adds competition law expertise to the team and Thomas Hamerl is a key name for energy projects.

Austria > Projects and energy

At CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH, the infrastructure and projects group frequently works with the firm’s energy and climate change department to advise on public procurement, energy, real estate and construction. Clients include construction companies and developers, institutional investors and energy companies. Johannes Trenkwalder concentrates on renewable energy and energy efficiency, Bernt Elsner handles procurement and public-private partnerships, Thomas Hamerl specialises in infrastructure projects and Nikolaus Weselik handles property and construction law matters.

Austria > EU and competition

Thanks to the firm’s global outreach, CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH is sought after for for its merger control capabilities throughout CEE and SEE regions. Cartel expert Dieter Zandler and Bernt Elsner, who has additional expertise of anticompetitive tender procedures and state aid, are the practice heads. The group is also active in joint ventures and investigations, where client’s have access to the CMS Dawn Raid app.

Austria > Administrative law and public sector

Trade law, state aid and public construction law are among the focal points of the public law practice at CMS Reich-Rohrwig Hainz Rechtsanwälte GmbH. Bernt Elsner is active in both state aid matters and administrative proceedings and Robert Keisler advises on the regulatory aspects of healthcare, logistics and tourism.