Co-head of Competition
Co-head of Competition
78 Cannon Street
Brian is a partner and co-leads the Competition Team. He has practised exclusively in the field of EU and UK competition law and merger control for over 20 years.
Brian has substantial UK and EU merger control experience, having obtained clearances for clients in Phase 1 and Phase 2 proceedings, both unconditionally and with remedies across a number of industry sectors. He advises several leading international corporates on competition issues in their distribution, pricing, technology licensing and competitor collaboration arrangements, in their investigations and inquiries and in related litigation and competition appeals. He advises in related areas including state aid and consumer law. His experience spans a wide range of industry sectors including life sciences and healthcare, technology and media, energy, manufacturing, consumer, retail and financial services. He has been ranked as a leading individual for competition law in Chambers and Partners for the last 14 years.
- 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 clearance, 2018).
- Cox Automotive / sale of its online business to consumer vehicle platform Motors.co.uk to eBay (CMA phase 1 clearance, 2019).
- 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 ongoing reference to the Court of Justice of the EU (novel issues at the IP/competition interface).
- ThirdWay Interiors on the CMA investigation into design and fit-out of office space (case settled with reduced fines, April 2019).
- Resolution Chemicals on the EU Lundbeck investigation.
- Brookfield Utilities in a number of Ofcom inquiries.
- Brookfield (GTC) in its purchase of Inexus (combination of the two leading UK last mile gas and electricity infrastructure operators, unconditional phase 1 clearance).
- A number of pharmaceutical companies on UK and EU competition investigations.
- A global pharmaceutical company defending competition counterclaims in pan-European trademark infringement litigation.
- LCH.Clearnet on a number of EU and UK merger control matters.
- Dassault Aviation – advising on the UK MoD aspects of its purchase of Alcatel’s stake in Thales.
- Has co-ordinated numerous international filings and acted for Oracle on the US counsel team in the US Department of Justice litigation against its merger with PeopleSoft (successfully defended).
- B.C.L., First Class, Merton College, Oxford University, 1990
- M.A. (Law), First Class, Merton College, Oxford University, 1989
- Co-chair of the Joint Working Party of the Bars and Law Societies of the UK on Competition Law.
- Member of the Law Society's European Group.
- Can a supplier prohibit retailers of its products from using online marketplaces? with K Garyali, January 2017
- From the Courtroom to the Opinion: AG Wahl resets the standard for rebates in Intel, October 2016
- Keep Calm - Yes; Carry on - No! A response to Whish on Intel, Journal of European Competition Law and Practice, April 2015
- Originator and chair of the IBC Pharmaceuticals and Competition Law conference, Brussels, now in its fifth year.
- Annual visiting lecturer on the Kings College, London Competition LLM (in abuse of dominance and rebates) since 2000.
- "Pay for Delay", Lundbeck and the European Courts, EU Pharma Law Forum, Brussels, May 2017
- Transparency remedies in EU /UK Law, joint panel of the Cartel and Corruption, Antitrust and Life Sciences Committees, IBA Annual Conference, Washington DC, September 2016
- Discounts and rebates in the pharmaceutical industry, EU Pharma Law Forum, Brussels, May 2016
Frequent chair and speaker at conferences and events in London, Brussels and North America. Part of UK trade delegation to India, speaking on Competition Law, 2010.