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 appears regularly in the Court of Justice of the EU and the General Court, the Supreme Court, Court of Appeal and the Commercial Court and the Competition Appeal Tribunal. He has appeared in competition and regulatory cases in Hong Kong, the Cayman Islands and the Virgin Islands.

Brian has acted in over 80 cases before the CJEU and General Court in a broad range of competition, regulatory and sanctions matters.

He is a leading advocate in private competition damages actions, including collective proceedings e.g. those concerning alleged abuse of dominance by major tech companies, and the cartel claims concerning Car Emissions, Trucks, USD Libor, Ro-Ro Shipping, Foreign Exchange, Orange Juice, Wire harnesses, Interchange, EURIBOR, Air Cargo, CRT, Copper Fittings, Industrial Bags, Paraffin Wax, Car Glass, Marine Hose and Vitamins.

Brian is a mergers and market investigations specialist and has appeared in a number of the most important recent cases before the EU and UK courts, including Microsoft/Activision, CK Hutchison v Commission, Hitachi/Thales, Cargotec Corporation / Konecranes Plc, Facebook/Kustomer, viagogo/StubHub, JD Sports v CMA, Cérélia v CMA, Ecolab v CMA and Bouygues S.A/Equans SAS. He has advised in relation to over 50 mergers investigations in the UK and in the EU.

Brian also has appeared in many of the significant recent challenges to antitrust infringement decisions before the EU and UK courts including in the Liothyronine litigation in the UK and the “Pay for Delay” pharma cases in the EU courts. He has represented parties in a large number of CMA and EU Commission antitrust investigations.

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. He acted for the successful applicants in Mubarak v Council and for the successful respondent in Lamesa v Cynergy Bank in the Court of Appeal. He regularly acts for the Bank of England on sanctions matters.

In EU law, Brian has acted in the leading cases concerning the role of EU law in the UK post-Brexit e.g. Crossley v Volkswagen (which was also one of the largest group actions ever in the UK) and CAA v Ryanair in the Court of Appeal. Brian also acts in EU law cases in Ireland and has advised parties on EU law litigation in other EU Member States. There is a significant overlap with Brian’s financial services work (e.g. acting for the European Banking Authority in Fédération bancaire française v ACPR and for ESMA in relation to CFDs and Binary Options) and aviation work.

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 acted for Three in its challenge to the terms of the 5G spectrum auction in Ireland in 2022.

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

In 2017 Brian was appointed as Specialist Adviser to the House of Commons Treasury Select Committee to advise on Brexit issues.

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 admin and public, banking and finance, competition, European law, media and entertainment, sanctions and telecommunications. Recent comments include:

  • "Exceptionally knowledgeable expert with immense experience both as an advisor and an advocate, including in the European Court of Justice. Brian is a fantastic communicator and a trusted advisor with great judgement."- Legal 500, 2024
  • "Brian is absolutely one of the best at the competition Bar, and I use him wherever I can. He is incredibly smart, very commercial, and combines those attributes well with a natural charm which clients and judges consistently warm to."- Chambers & Partners, 2024

Previous quotes include:

  • "Brian is clearly a leader in his field, perfectly in tune with market developments and consistently evidences an ability to think laterally."- Legal 500, 2023
  • "He is just charm personified; judges love him. He always finds a way to get the right tone. Charisma and charm are exuded. He can be making a difficult point but when he says it, it's just better."- Chambers UK, 2023

Experience

Shortlist

Competition

Brian is widely regarded as one of the leading competition law advocates.

He has been at the forefront of private competition damages actions for over 20 years and has acted in many of the leading cases such as Viegas v Cutrale (jurisdiction), FDIC v Barclays Bank and Arcadia v Visa Inc (limitation), Sainsbury’s plc v Visa (restriction), Iiyama Benelux BV v Schott AG (territorality) and WH Newson v IMI (contribution). Brian acted in the damages actions in relation to the following matters: Car emissions, Crypto exchanges, Ro-Ro shipping, USD Libor, Musical Instruments, Orange Juice, Foreign Exchange, Interchange fees, Wire Harnesses, EURIBOR, Air Cargo, CRT, Copper Fittings, Industrial Bags, Paraffin Wax, Car Glass, Marine Hose, Tobacco and Vitamins. Brian is representing Apple Inc in its defence of claims of abuse of dominance in Kent v Apple Inc and Gutmann v Apple Inc.

Brian has a particular expertise in collective proceedings before the CAT and is acting in BSV Claims, Fender, O’Higgins/Evans, Interchange Claims I&II, Kent v Apple and Gutmann v Apple.

Brian is a mergers and market investigations specialist and has appeared in a number of the most important recent cases before the EU and UK courts, including Microsoft/Activision, CK Hutchison v Commission, Hitachi/Thales, Cargotec Corporation / Konecranes Plc, Facebook/Kustomer, viagogo/StubHub, JD Sports v CMA, Cérélia v CMA, Ecolab v CMA and Bouygues S.A/Equans SAS. He has advised in relation to over 50 mergers investigations in the UK and in the EU.

Brian also has appeared in many of the significant recent challenges to antitrust infringement decisions before the EU and UK courts including in the Liothyronine litigation in the UK and the “Pay for Delay” pharma cases in the EU courts. He acted for the EU Commission in the leading cases of Deutsche Bahn v Commission and Masco v Commission. Brian has represented parties in a large number of CMA and EU Commission antitrust investigations.

Brian is Star ranked in the Chambers & Partners directory for Competition law.

Cases

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EU Law

Brian has appeared in many of the leading EU law cases in the EU and UK courts. In the CJEU, Brian has acted in over 30 preliminary reference cases concerning a wide range of EU law issues including free movement of persons (St Prix, NA, Alarape), rights of children (SM), family rights (Banger), division of powers in the EU (Commission v Council and Parliament), social security (Tolley, Garcia-Nieto), powers of the European Banking Authority (Fédération bancaire française v ACPR), financial services (Khorassani, Robeco Hollands Bexit, Profit Investment SIM, Banif Plus Bank), advertising regulation (Philip Morris) and jurisdiction and judgments (Alpha Bank, Gazprom, London Steam-Ship Owners’ Mutual Insurance Association, 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 EU Commission, the EBA and the European Securities and Markets Authority.

In domestic courts, Brian has acted in the leading cases concerning the role of EU law in the UK post-Brexit e.g. Crossley v Volkswagen (which was also one of the largest group actions ever in the UK) and CAA v Ryanair in the Court of Appeal. Brian also acts in EU law cases in Ireland and has advised parties on EU law litigation in other EU Member States.

Cases

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Public & Regulatory

Brian is a leading public and regulatory lawyer. He has a particular expertise in regulatory investigations, and in relation to sanctions, telecommunications, pharmaceuticals, utilities regulation and pensions. He is an expert in the interaction between domestic public law and EU law. He has appeared in many of the leading regulatory public law cases in the Admin Court and the CAT including BASCA, Gibraltar Betting and BAT (tobacco plain packs).

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 in Ireland, the Virgin Islands, Hong Kong and the Cayman Islands.

Cases

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Sanctions

Brian is one the leading sanctions lawyers in the EU. He has acted for over 40 designated persons and entities before the General Court and the Court of Justice. Brian has also been involved in the political and administrative process of persuading the EU and OFAC to delist individuals and businesses. Brian has advised Governments, banks and corporates on a wide range of compliance issues relating to the EU, US and domestic sanctions. He has assisted designated entities in dealing with the consequential effects of such restrictive measures in their own countries. Brian has also advised the Bank of England and HM Treasury on sanctions matters.

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Financial Services & Banking

Brian has extensive experience of regulatory issues and litigation before the RDC and Upper Tribunal. Brian has particular expertise in EU financial services issues and investigations by ESMA and EIOPA and the implications of Brexit for financial services. He acted for ESMA in the recent investigation concerning CFD and binary option trading by retail investors.  Brian has advised and acted for the Financial Services Compensation Scheme in a number of important cases. Brian has acted for the FCA and the Bank of England in a number of important financial services cases before the European courts.

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Telecommunications

Brian is one the UK's leading telecoms lawyers and has appeared in many of the leading telecoms cases in recent years, in the CAT, Court of Appeal and Court of Justice of the EU. Brian is acting for the Irish regulator ComReg in relation to telecoms satellite issues. Brian also acted for the telecoms regulator of the Virgin Islands in cases concerning abusive margin squeeze. Brian specialises in the overlap between telecommunications law and competition law.

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Energy

Brian has established expertise in energy issues, and in particular price controls, emissions and energy trading. Brian is acting for National Grid in relation to the RIIO-1 and RIIO-2 price controls. He has also advised Ofgem on several competition law issues and acted for Shell in important competition and emissions trading cases. Brian has advised local authorities on renewables issues covering thermal recovery facilities and combined heat and power.

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Commercial

Brian has substantial experience in the Commercial Court and the Chancery Division and before arbitral tribunals. Brian has acted in a number of the largest commercial cases brought in the UK involving claims based on competition law breaches. Brian has appeared in commercial cases in Hong Kong, Ireland, the Cayman Island and the BVI. He is expert in the overlap between commercial and regulatory work, in areas such as energy, pharmaceuticals, aviation and telecommunications. Brian has also litigated in the commercial courts many of the contractual issues arising from the sanctions imposed by the EU and the US on companies and individuals.

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Arbitration

International arbitration is a significant part of Brian’s commercial practice. He has advised or appeared in many of the main arbitral centres, including London, Hong Kong, Paris and Dubai and before the German Institute of Arbitration.  Brian has particular expertise in arbitrating competition law issues. He has represented clients in arbitration proceedings across a broad spectrum of industries, including: aviation; construction and infrastructure; energy and mining; finance and banking; insurance; transport; and telecommunications. Brian has also represented private investors in substantial investor-state disputes.

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Civil Fraud, Asset Recovery & Injunctive Relief

Brian has substantial experience in the Commercial Court and the Chancery Division in fraud and injunctive work, including tracing cases. Brian has acted in many of the leading cases regarding jurisdiction and freezing orders and has represented claimants and defendants in several recent major cases in England and overseas. Brian has a particular expertise in litigating cartel cases, and the overlap between antitrust law and common law conspiracy, deceit and fraudulent misrepresentation.

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Public International Law

Brian’s public law and EU law practice has involved detailed consideration of a number of complex public international law matters. Brian has extensive experience in international tribunals and has written widely on these matters. He has advised the Foreign Office in relation to a range of PIL matters and has acted for litigants arguing PIL points in domestic tribunals in Egypt, Tunisia and Ukraine.

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Media & Entertainment

Brian has extensive experience in media and broadcasting litigation, particularly in the overlap between media/broadcasting law and EU law. Brian has particular expertise in the legal issues arising from new technologies and market developments in this field, deploying his existing expertise in telecommunications law and competition law.

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State Aid

Brian has considerable experience of litigating State aid points before the EU courts and domestically. He has advised private litigants and the UK Government on a wide range of State aid matters, in particular in relation to export credit financing and spectrum allocation in telecommunications.

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Achievements

Education

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

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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