Brian is widely regarded as one of the leading advocates in the fields of competition law, EU law, public and regulatory law and sanctions law. He also practices from the Law Library in Dublin where he was appointed Senior Counsel in 2020. He won the Legal 500 Competition Silk of the Year award in 2026. Brian was one of the 12 barristers named in The Lawyer’s “Hot 100” in 2024 and in the Business Post Legal 100 list in 2026. In 2017 Brian was appointed as Special Adviser to the House of Commons Treasury Select Committee to advise on Brexit issues. He has acted in over 80 cases before the CJEU and General Court in a broad range of competition, regulatory and sanctions matters. Brian’s international practice includes cases in Hong Kong, Singapore, Cayman and the BVI.

He is a leading advocate in private competition damages actions, including collective proceedings. Brian has appeared in and advised on many of the principal cases since the creation of the UK competition regime. He has extensive trial experience in this area (including Interchange and Kent v Apple) and is currently instructed for forthcoming trials by Microsoft, Valve, Visa and VodafoneThree.

Brian is a mergers and market investigations specialist and has acted in the most important recent cases. In the courts: Microsoft v CMA (for Activision), Motorola v CMA, VW v CMA, Cérélia v CMA, Ecolab v CMA, CK Hutchison v Commission, Visa v Payment Systems Regulator, JD Sports v CMA. Before the CMA/Commission: nexfibre/Substantial, Daily Mail/Telegraph Media Group, Vodafone/CK Hutchison, Microsoft/Inflection, Adobe/Figma, Airwave/Motorola, Kpler/Spire Global, Hitachi/Thales, Cargotec/Konecranes, Facebook/Kustomer, viagogo/StubHub, and Bouygues/Equans. He has advised in relation to over 50 mergers investigations in the UK and in the EU.

Brian has particular expertise in the regulation of digital markets and on-line platforms. He has advised Apple and Microsoft in relation to the DMCCA and OpenAI in relation to the Online Safety Act. Brian has acted for the Irish regulator under the Digital Services Act Coimisiún na Meán in its inquiry concerning TikTok Europe and Bytedance. Brian is acting for Meta in its challenge to the EU Commission’s order requiring free access to WhatsApp for rival general-purpose AI assistants.

In the area of sanctions, Brian is one of the leading specialists in the EU. He has acted for over 50 designated persons and entities and advised Governments, banks and corporates on compliance and restructuring issues. In the EU, Brian has acted in many of the leading cases (Mubarak v Council, Yanukovych v Council) for numerous successful applicants. In the UK, Brian is acting in the Usmanov and Gutseriev cases and for the Bank of England in several sanctions matters including the Venezulan gold case. He has acted in numerous international arbitrations concerning sanctions.

In EU law, Brian has acted in major constitutional cases before the CJEU such as C-533/24 Vermilion Energy Ireland concerning the direct tax powers of the EU, C-700/20 London Steam-Ship Owners’ Mutual Insurance Association Ltd v Spain concerning the relationship between arbitration and EU law, C-911/19 Fédération bancaire française concerning the rule-making powers of the European Banking Authority and Case T-510/17 Del Valle Ruiz v Commission and SRB concerning the powers of the Commission to wind up banks under the post-financial crisis regime. He advised Shell in relation to the climate-change Milieudefensie litigation in the Netherlands in 2026 and UBS in relation to its appeal against a €4.5 billion penalty imposed by the French tax authorities, resolved in 2025. He has acted in many of the leading cases concerning the role of EU law in the UK post-Brexit e.g. Dieselgate.

In telecommunications, Brian has acted in many of the most significant cases in the UK, including the challenge to the licence fees in Vodafone v Ofcom and to the terms of the 5G spectrum auction in Hutchison 3G UK v Ofcom. Brian also acted for Three in its challenge to the terms of the 5G spectrum auction in Ireland. He had advised VodafoneThree in relation to compliance with post-merger commitments. Brian appeared for Motorola in its challenge to the CMA’s charging decisions for the Airwave network and acts for VodafoneThree in defending its pricing terms in the Gutmann collective proceeding. He is acting for the parties in the nexfibre/Substantial merger concerning the wholesale supply of fixed broadband services.

Prior to taking silk, Brian was on the Attorney General's 'A' Panel of Counsel to the Crown.

Brian is recognised as a leading silk in the latest editions of both the leading legal directories, Chambers UK and Legal 500, for his expertise in competition, European law, sanctions, aviation and telecommunications.

Experience

Shortlist

Competition

Brian is widely regarded as one of the leading competition law advocates. In 2026, Brian won the Legal 500 Competition Silk of the Year. Brian is Star ranked in the Chambers & Partners directory for Competition law.

Damages actions. Brian has appeared in and advised on most of the principal cases since the creation of the UK competition regime. He has extensive trial experience in this area (including Interchange and Kent v Apple) and is currently instructed for forthcoming trials by Microsoft, Valve, Visa and VodafoneThree.

Mergers and market investigations. Brian has acted in the most important recent cases such as Microsoft v CMA (for Activision), Motorola v CMA, Cérélia v CMA, Ecolab v CMA, CK Hutchison v Commission and JD Sports v CMA. He has advised in relation to over 50 mergers investigations in the UK and in the EU, including nexfibre/Substantial, Daily Mail/Telegraph Media Group, Vodafone/CK Hutchison, Microsoft/Inflection, Adobe/Figma, Airwave/Motorola, Hitachi/Thales, Cargotec/Konecranes, Facebook/Kustomer, viagogo/StubHub and Bouygues/Equans.

Digital markets and on-line platforms. Brian has particular expertise in the regulation of digital markets and on-line platforms, particularly in relation to the Digital Markets Act. He has advised Apple and Microsoft in relation to the DMCCA and OpenAI in relation to the Online Safety Act. Brian acted for the Irish regulator CnaM under the Digital Services Act in its inquiry concerning TikTok Europe and Bytedance. He has advised extensively on the relationship between GDPR and DMA/DSA compliance.

Infringement appeals. Brian has appeared in many of the significant recent challenges to antitrust decisions before the EU and UK courts. Brian is acting for Meta in its challenge to the EU Commission’s order requiring free access to WhatsApp for rival general-purpose AI assistants. He appeared in the Liothyronine litigation in the UK and the “Pay for Delay” pharma cases in the ECJ. Brian acted for the EU Commission in Deutsche Bahn v Commission and Masco v Commission. He has acted in a large number of Commission and CMA antitrust investigations including Advanced Facilities Construction, UK Government Bonds, Euro-Dominated Bonds and Foreign Exchange.

Cases

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EU Law

In the CJEU, Brian has acted in over 30 preliminary references concerning a wide range of EU law issues including in recent years major constitutional cases such as C-533/24 Vermilion Energy Ireland concerning the direct tax powers of the EU, C-700/20 London Steam-Ship Owners’ Mutual Insurance Association Ltd v Spain concerning the relationship between arbitration and EU law, C-911/19 Fédération bancaire française concerning the rule-making powers of the European Banking Authority and Case T-510/17 Del Valle Ruiz v Commission and SRB concerning the powers of the Commission to wind up banks under the post-financial crisis regime.

He advised Shell in relation to the climate-change Milieudefensie litigation in the Netherlands in 2026 and UBS in relation to its appeal against a €4.5 billion penalty imposed by the French tax authorities, resolved in 2025. He has acted in many of the leading cases concerning the role of EU law in the UK post-Brexit e.g. Dieselgate.

Brian’s cases in the CJEU extend to free movement of persons (St Prix, NA, Alarape), rights of children (SM), family rights (Banger), social security (Tolley, Garcia-Nieto), financial services (Khorassani, Robeco Hollands Bexit, Profit Investment SIM, Banif Plus Bank), advertising regulation (Philip Morris) and jurisdiction and judgments (Alpha Bank, Gazprom, Meroni).

In the EU courts, Brian has represented the EU Commission (Sanitec, Keramag), the European Banking Authority (Fédération bancaire française), the UK Government and private parties. Brian has advised the Commission, the EBA and the European Securities and Markets Authority.

In the Irish courts, Brian has acted in a number of important cases concerning EU law include Bytedance Ltd v Coimisiun na Mean [2026] IEHC 196, Ryan v Data Protection Commission [2023] IEHC 511 and Three Ireland (Hutchison) Ltd v ComReg [2022] IECA 300

Cases

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Public & Regulatory

Brian is a leading public and regulatory lawyer. He is an expert in the interaction between domestic public law, EU law and human rights particularly in economic regulation. He has appeared in many leading regulatory public law cases in the Administrative Court and the Competition Appeal Tribunal including R(BMW AG) v CMA, R(Mastercard Europe SA) v Payment Systems Regulator, R (Star China Media Ltd) v Ofcom and R(Autonomous Non-Profit Organisation TV-Novosti) v Ofcom.

Brian has advised and acted for the UK Government in wide range of public law cases before the Court of Appeal, the Supreme Court and the CJEU covering immigration and EU citizenship issues. Brian has also advised tribunals and government agencies on public law issues in Ireland, the Virgin Islands, Hong Kong and the Cayman Islands.

Cases

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Sanctions

Brian is one of the leading specialists in the EU. He has acted for over 50 designated persons and entities and advised Governments, banks and corporates on compliance and restructuring issues. In the EU, Brian has acted in many of the leading cases (Mubarak v Council, Yanukovych v Council) for numerous successful applicants. In the UK, Brian is acting in the Usmanov and Gutseriev cases and for the Bank of England in several sanctions matters including the Venezulan gold case. He has acted in numerous international arbitrations concerning sanctions. Brian is a member of the Bar Council Working Group on Sanctions.

Cases

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Telecommunications

Brian has acted in many of the most significant cases in the UK, including the challenge to the licence fees in Vodafone v Ofcom and to the terms of the 5G spectrum auction in Hutchison 3G UK v Ofcom. Brian also acted for Three in its challenge to the terms of the 5G spectrum auction in Ireland. He had advised VodafoneThree in relation to compliance with post-merger commitments. Brian appeared for Motorola in its challenge to the CMA’s charging decisions for the Airwave network and acts for VodafoneThree in defending its pricing terms in the Gutmann collective proceeding. He is acting for the parties in the nexfibre/Substantial merger concerning the wholesale supply of fixed broadband services.

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Achievements

Education

MA (Cantab), Licence spéciale en droit européen (ULB), (Scholarship: Queen Mother Scholar, Middle Temple)

Bencher of Middle Temple (2006)

Publications

  • Co-author of EU Competition Law: General Principles 
  • Counting the pennies in sport: UEFA’s Financial Fair Play Regulations under the competition law microscope (2014, CPI Anti-Trust Journal)
  • “Judicial Review of Sanctions Decisions: “The Wrong Point in the Wrong Court with the Wrong Defendant?” (2013) Judicial Review
  • “Competition Law: Review of 2011” (2012) Competition Law Journal 7
  • “Anti-trust forum-shopping in England: is Provimi Ltd v Aventis correct?” (May 2010) CPI Anti-Trust Journal 46 (cited in Cooper Tire & Rubber Co v Shell Chemicals UK Ltd [2010] EWCA Civ 864 and Toshiba Carrier UK Ltd v KME Yorkshire Ltd [2011] EWHC 2665 (Ch) at [30]).
  • Co-author of Human Rights Law and Practice edited by Lester & Pannick (3rd ed., 2009) – chapters on Article 6 and 8 ECHR and Administrative Court: Practice and Procedure (1st ed., 2006).
  • “Piggybacking tips: lessons from the section 47A case-law” (2009) Competition Law Journal 180
  • Major author of the chapter on competition law in the 2nd edition of Sport: Law and Practice (eds. Lewis and Taylor)(2008).
  • Author of the competition law chapters in Schmitthoff’s Export Trade (11th ed.)(2007) and Employee Competition (2007).
  • Co-author of EU Competition Law: General Principles (2006)
  • Co-author (with David Vaughan QC) of Competition Law: Abuse of a Dominant Position (2005) in the Encyclopedia of EU Law (eds Vaughan and Robertson).
  • “Regulators and Split Personality” (2007) Legal Week 30
  • “Judicial Review and the Competition Appeal Tribunal” (2006) Judicial Review.
  • “Damages actions before the CAT and the passing on defence” (2004) Competition Law Journal 238.

Appointments

  • Until he took silk, Brian was a member of the Attorney-General’s ‘A’ Panel.
  • Appointed to the Sports Advocacy Section of the London 2012 Olympic and Paralympic Pro Bono Legal Advice and Representation Service.
  • Specialist Adviser on Brexit to the Treasury Select Committee of the House of Commons (2017)

Memberships

  • Bar European Group
  • Justice
  • Liberty
  • ALBA
  • COMBAR

Selected earlier reported cases

EU & Competition

  • Sintesi e Ricerca v Royal Dutch Shell (settled)
  • Deutsche Bahn AG & Others v Morgan Crucible Company PLC & Others (2014)
  • Universal/EMI Group (2013/2014)
  • London Olympic Stadium State aid (2012)
  • National Grid v Gas and Electricity Markets Authority [2010] EWCA Civ 114; [2010] UKCLR 386
  • Provimi v Aventis [2003] 2 All E.R. (Comm) 683
  • BCL v Aventis
  • Devenish Nutrition Ltd v Sanofi-Aventis SA & Ors [2009] 3 WLR 198 (Court of Appeal)
  • Hutchinson 3G UK Ltd v O2 Ltd & Ors [2008] All ER (D) 80  
  • Case C-162/13 Vnuk 
  • Case C-435/11 CHS Tour Services 
  • Case C-139/10 Prism Investments 
  • Case C-308/11 Chemische Fabrik Kreussler & Co GmbH 
  • R (Sinclair Collis Ltd) v Secretary of State for Health [2011] 3 CMLR 37
  • Case C-16/10 The Number (UK) Ltd v Ofcom and BT plc 
  • Case T-121/09 Al Shanfari v Council and Commission
  • Case T-55/08 UEFA, FIFA v Commission 
  • Case C-58/08 R(Vodafone and ors) v Secretary of State for Business Enterprise and Regulatory Reform 

Public International Law

  • Grovit v De Nederlandsche Bank N.V. & Ors [2008] 1 WLR 51

Sanctions

  • Bredenkamp and Others v Commission T-145/09 
  • Al Shanfari v Council T-121/09

Public & Regulatory

  • Case C-403/13 Kelly 
  • Case C-680/11 Anita Chieza 
  • Franzen v Raad van bestuur van de Sociale verzekeringsbank (C-382/13) EU:C:2015:261
  • Case C-529/11 Alarape and Tijani [2013] 1 WLR 2883
  • R (Cable & Wireless) v Communications Commission of the Isle of Man 
  • BT plc v Competition Commission [2013] EWCA Civ 154
  • R (Barco de Vapor) v Thanet DC [2012] EWHC 3429
  • R (Leyton Orient Football Club Ltd) v Secretary of State for DCMS (2012)
  • R (Imperial Tobacco) v Secretary of State for Health (2012) 
  • R (Sinclair Collis Ltd) v Secretary of State for Health [2011] 3 CMLR 37
  • R (ICO Satellite Ltd) v Ofcom [2011] EWCA Civ 1121
  • R (ABS Financial Planning Ltd) v Financial Services Compensation Scheme [2011]  EWHC 18 (Admin)
  • Sita UK Ltd v Greater Manchester Waste Disposal Authority [2011] 2 CMLR 32
  • Case C-58/08 R(Vodafone and ors) v Secretary of State for Business Enterprise and Regulatory Reform (8 June 2010)
  • R (Al Shanfari) v Secretary of State for Foreign and Commonwealth Affairs (2010)
  • Times Newspapers Ltd v United Kingdom [2009] EMLR 14 (European Court of Human Rights) 
  • R (Eisai Ltd) v National Institute of Health and Clinical Excellence [2008] Times Law Reports, 7 May (Court of Appeal)
  • AES Kilroot v NIAUR (Utility Regulator) [2008] NIQB 62 

Commercial

  • Sukhoruchkin v Van Bekestein [2013] EWHC 1993
  • Ahmad Hamad Algosaibi and Brothers v Maan al-Sanea 

Civil Fraud, Asset Recovery & Injunctive Relief

  • Group Lotus plc v 1MRT and ors [2011] EWHC 1366 (Ch)
  • Re Bloomsbury International Ltd [2010] EWHC 1150 (Ch)
  • Sukhoruchkin v Van Bekestein [2013] EWHC 1993
  • Ahmad Hamad Algosaibi and Brothers v Maan al-Sanea

Financial Services

  • Advice on the Report of the Independent Commission on Banking (“Vickers Report”) (2012)
  • Anderson Ross Group v Financial Services Commission; Financial Services Review Panel (2011)
  • R (ABS Financial Planning) v Financial Services Compensation Scheme Ltd [2011] EWHC 18 (Admin) 
  • R (on the Application of Kaupthing Bank Hf) v HM Treasury (2010)
  • Kaupthing Singer & Friedlander (Isle of Man)
  • Bankas Snoras
  • IG Markets v Taaffe
  • LIFFE v Molenbergnatie
  • Phoenix/MG Rover
  • FSA/US CFTC investigation into Vitol Oil Traders
  • Grovit v De Nederlandsche Bank N.V. & Ors [2008] 1 WLR

Sport

  • Case T-55/08 UEFA, FIFA v Commission (17 February 2011, General Court of the EU)
  • Group Lotus plc v 1MRT and ors [2011] EWHC 1366 (Ch)
  • R (Leyton Orient Football Club Ltd) v Secretary of State for Culture, Media and Sport and ors (2011)
  • British Horseracing Authority/Tyrell (2011)
  • Chelsea FC v Adrian Mutu (2010)
  • FIFA “6+5” Rule in football (2010)
  • FA dispute re new WADA “whereabouts” rules (2010)
  • Association of Rugby Agents v Premier Rugby Limited
  • Proposed Licensing System for the Rugby League Super League 2012-2014
  • British Horseracing Authority/Phelan (2010)
  • District Government of Dusseldorf v Betfair (2009)
  • Betfair v Horserace Betting Levy Board (2009)
  • Football Players’ Agents’ Regulations (2007/2008)

Telecommunications

  • 4G Spectrum refarm and new spectrum auctions (2013)
  • British Telecommunications plc v Ofcom (MCT) [2013] EWCA Civ 154
  • Mobile Wallet Joint Venture (2012)
  • Case C-16/10 The Number (UK) Ltd v Ofcom and BT plc (17 February 2011)
  • British Telecommunications plc v Ofcom (MCT) [2011] EWCA Civ 245
  • British Telecommunications plc v Ofcom (MCT) [2011] CAT 31
  • Everything Everywhere Ltd v Ofcom (0845/0870) [2011] CAT 26
  • British Telecommunications plc v Ofcom (080) [2011] CAT 15
  • Case C-58/08 R (Vodafone and ors) v Secretary of State for Business Enterprise and Regulatory Reform (8 June 2010, Court of Justice of the EU)
  • Vodafone Ltd v British Telecommunications Plc [2010] EWCA Civ 391
  • British Telecommunications Plc v Ofcom [2010] CAT 17
  • Ofcom v Floe Telecom Ltd [2009] EWCA Civ 47; [2009] UKCLR 659
  • Hutchison 3G UK Ltd  v Ofcom [2009] EWCA Civ 683
  • Hutchison 3G UK Ltd v Ofcom [2009] CAT 11 
  • Vodafone Ltd v Ofcom [2008] CAT 22
  • Hutchison 3G UK Ltd v Ofcom [2008] CAT 10, [2007] CAT 33 
  • Hutchison 3G UK Ltd v Ofcom [2008] CAT 5
  • Software Cellular Network Ltd v T-Mobile (UK) Ltd [2007] All ER (D) 314. 

Media & Entertainment

  • Case T-55/08 UEFA, FIFA v Commission [2011] ECR II-271 
  • R (ICO Satellite Ltd) v Ofcom [2011] EWCA Civ 1121
  • University of Oxford v Broughton and others (2010/2011)
  • Times Newspapers Ltd v United Kingdom [2009] EMLR 14 (European Court of Human Rights) 
  • Channel 6 (2009)
  • BBC Trust/Freesat

Pharmaceuticals

  • Mercury Pharma/Shire v Department of Health (2013)
  • Case C-308/11 Chemische Fabrik Kreussler & Co GmbH (6 September 2012)
  • R (Napp Pharmaceuticals) v Home Office (2012)
  • R (Eisai Ltd) v National Institute of Health and Clinical Excellence [2008] EWCA Civ 438

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