Brian Sher > CMS > London, England > Lawyer Profile

CMS
CANNON PLACE
78 CANNON STREET
LONDON
EC4N 6AF
England

Position

Partner and Head of Antitrust, Competition and Trade

Career

Brian leads the UK Antitrust, Competition and Trade Team. He is an experienced and trusted competition law adviser, having practised exclusively in the field of EU, UK and international competition law and merger control for over 25 years. He is dual qualified: Solicitor, England and Wales and Advocaat, Dutch Brussels Bar (A-List). He works out of London and Brussels.

Brian’s was named one of the Top 10 Prominent UK Competition Law Lawyers Dominating 2023 (Business Today Lawyer Awards 2023). He led the CMS team that won Legal Business Awards Competition Team of the Year 2020. He has been described as “indefatigable in serving his clients” (Legal 500 Competition Litigation 2022) and “quite exceptional. He is an extremely good lawyer: clever, thoughtful, and he has good business and economic judgement.” (Chambers and Partners UK: Competition Law – London 2022). He has long been ranked as a leading individual for competition law in Chambers and Partners and is ranked as a Global Leader in Who’s Who Legal.

Brian advises major international corporates on competition matters in their distribution, pricing, technology licensing and competitor collaboration arrangements. He has deep experience of investigations and inquiries, competition litigation and appeals, and is widely known for his abuse of dominance expertise. He has substantial UK and EU merger control experience, having obtained numerous clearances in Phase 1 and 2 proceedings, both unconditionally and with remedies. He also advises in related areas including foreign direct investment (both the UK National Security & Investment Act and international coordination), digital and utility regulation, EU state aid/UK subsidy control and consumer law. Brian‘s experience spans a wide range of industry sectors including technology and media, life sciences and healthcare, energy and infrastructure, transportation, manufacturing, consumer, retail and financial services.

Brian is co-chair of the Joint Working Party of Bars and Law Societies of the UK on Competition Law and a member of the steering committee of the CMS Global Antitrust, Competition and Trade practice. He gained two years‘ management consultancy experience and training prior to becoming a lawyer.

Memberships

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

Education

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

Lawyer Rankings

London > Industry focus > Life sciences and healthcare

CMS is praised for its ‘international capabilities and ‘broad range of expertise’ which encompasses commercial, regulatory, patent litigation and corporate work. Patent expert Robert Stephen leads the practice alongside Sarah Hanson and investment and development transactions specialist Candice Blackwood. Hanson excels in commercial, IP and outsourcing transactions. Shuna Mason is frequently sought out by medical device manufacturers for assistance with product liability mandates, while Brian Sher is a key contact for competition matters in the healthcare space. Glasgow-based Carina Healy ‘s commercial and IP expertise has made her a key contact for academic and research institutions on their research, licensing and commercial needs, and Healy’s Glasgow colleague David Dennis excels in clinical trial and collaboration agreements. Fionnuala Rice further augments the group’s patent litigation strength.

London > Corporate and commercial > EU and competition

(Leading partners)

Brian Sher – CMS

Capitalising on its extensive global network, the team at CMS, praised by clients for its ‘pragmatic and commercial’ advice, is well versed in the full gamut of UK and EU competition matters, particularly excelling in the digital, media, energy, and pharmaceutical arenas. The team is led by the ‘quick witted and commercial’ Brian Sher, who maintains a busy practice, acting on a range of high-profile contentious and non-contentious competition matters across the EU and UK. The ‘outstandingNeil Baylis, who joined the team from Mishcon de Reya LLP in 2023, regularly advises on complex mergers and investigations.

London > Dispute resolution > Competition litigation

CMS is home to a ‘first-rate’ competition team which handles ‘major contentious and non contentious matters.’ Its broad geographic coverage is evidenced by its ability to defend pan-European follow-on damages litigation. Kenny Henderson is a capable competition litigator who routinely represents clients in highly regulated sectors, such as the pharmaceutical and technology industries. Brian Sher regularly leads or co-leads on abuse of dominance matters, while Neil Baylis supports clients through key strategic appeals to CMA decisions in the CAT and the Court of Appeal.