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About

Provided by Bernt Elsner

Europe

Practice Areas

Bernt Elsner is a partner and head of the Public Procurement practice group, as well as co-head of the Austrian practice groups for Antitrust, Competition & Trade and Public Law/Regulatory. He is a leading expert in the fields of public procurement, antitrust law, and public law/regulatory. He has comprehensive industry expertise in the sectors construction and infrastructure, healthcare, finance as well as energy and climate change.

Bernt Elsner advises national and international companies on participating in procurement procedures, especially public-private partnerships (PPP projects), and represents clients in procurement review proceedings. He supports public contracting authorities in structuring and conducting complex tender processes. He also has extensive experience in procurement-related compliance issues. He is the author of seven specialist books on procurement law, numerous book contributions and articles, co-editor of the leading journal “Zeitschrift für Vergaberecht und Bauvertragsrecht” (Journal for Procurement and Construction Contract Law), and a seasoned speaker.

Bernt Elsner studied law at the University of Vienna and business administration at the Vienna University of Economics and Business. In 1993/94, he worked as a research associate at the Austrian Constitutional Court for constitutional judges Prof. Dr. Karl Spielbüchler and Prof. Dr. Karl Korinek. In 1997, he practiced European competition law at Cleary Gottlieb Steen & Hamilton in Brussels. He has more than 25 years of professional experience as a lawyer in Vienna and Brussels. From 2004 to 2010, he was Managing Partner at CMS Austria and from 2004 to 2019 a member of the CMS Executive Committee. Since 2024 he has been a member of the CMS Council.

Professional Memberships

Vienna Bar Association

Antitrust Lawyers’ Association (Studienvereinigung Kartellrecht)

Society for Construction Law (Gesellschaft für Baurecht)

Publications

The Dominance And Monopolies Review - Edition 8 - Austria, together with Dieter Zandler and Vanessa Horaceck (2020)

The Dominance And Monopolies Review - Edition 7 - Austria, together with Dieter Zandler and Vanessa Horaceck (2019)

The Private Competition Enforcement Review - Edition 12 - Austria, together with Dieter Zandler and Marlene Wimmer-Nistelberger (2019)

The Dominance and Monopolies Review - Edition 6 - Austria, together with Molly Kos and Dieter Zandler (2018)

The Private Competition Enforcement Review - Edition 11 - Austria, together with Molly Kos and Dieter Zandler (2018)

The Private Competition Enforcement Review - Edition 10 - Austria, together with Dieter Zandler and Molly Kos (2017)

“Bundesvergabegesetz” (Federal Public Procurement Law, German publication), 3rd edition (2010)

“Vergaberecht” (Public Procurement Law) in Bergthaler/Grabenwarter (Hrsg.) (eds.) “Musterhandbuch Öffentliches Recht” (Sample Handbook of Public Law, German publication), 2nd edition (2014)

Editor of the CMS Public Procurement Guide (2014)

Chambers Review

Provided by Chambers

Chambers European Guide

Public Law: Public Procurement/PPP - Austria

1
Band 1
Individual Editorial
Bernt Elsner is an excellent practitioner and 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.

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