Brian Sher

Work Highlights

A car manufacturer on the ongoing parallel European Commission and CMA investigations into end-of-life vehicles.

A 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, 2023).

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 (CMA phase 1 clearance, 2022).

Octopus on its purchase of Bulb and defending associated judicial review proceedings in relation to alleged subsidy, 2022-2023. Appeal defence ongoing.

A Macquarie-led consortium on its purchase of 60% of National Grid (largest UK energy transaction in recent years; CMA, EUMR and NSIA clearances, 2022).

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, 2021).

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, 2021).

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) – for which CMS won Legal Business Awards Competition Team of the Year, 2020.

ParentPay, a leading schools payment software provider on its merger with leading management information systems provider Education Software Solutions (cleared unconditionally at phase 1 in 2021 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 / 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.

Alliance pharmaceuticals on the CMA prochlorperazine competition law investigation and appeal to the Competition Appeal Tribunal.

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.

Practice Areas

Brian leads the UK Antitrust, Competition and Trade Team at CMS. 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.

Professional 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