Brian R. Byrne is an experienced litigator with a diverse practice encompassing EU competition law, EU State aid law, and international trade law.
In trade matters, Mr. Byrne has extensive experience advising clients in relation to EU sanctions and export control laws, in particular the EU sanctions regimes targeting Russia and Iran. Mr. Byrne was recognised in the 2016 World Export Control Review (World ECR) Awards as "Highly Commended" in the "Young Practitioner of the Year" category.
Mr. Byrne has also represented clients in several high profile cases before the General Court and Court of Justice of the EU. Notably, Mr. Byrne represented the Council of the EU in anti-dumping litigation and is currently representing Ryanair in multiple State aid cases.
In competition law matters, Mr. Byrne has represented clients before the European Commission in abuse of dominance investigations, investigations into alleged collusive behavior, and EU merger control proceedings.
Brian is described by clients in The Legal 500 EMEA, 2020, as bringing “analytical clarity, as well as excellent writing skills, both of which have contributed to clear and persuasive written advocacy to decision-makers. What sets him apart from competitors is a lack of excessive ego and an ability to communicate effectively with clients and regulators, as well as an ability and willingness to apply the appropriate amount of effort to the task at hand."
Mr. Byrne's experience spans a range of different industries, including energy, pharmaceuticals, telecommunications, air transport, technology and mining. His pro bono experience includes advice to a UK charity on EU State aid law.
Prior to joining Baker Botts, Mr. Byrne was an associate at another international law firm.
- Representing Ryanair in several cases before the General Court of the EU challenging European Commission State aid decisions concerning Ryanair's relationships with a number of regional airports
- Represented Ryanair in its appeal against the European Commission's 2013 merger control decision prohibiting Ryanair from acquiring control of Aer Lingus
- Represented the Council of the EU in several anti-dumping cases before the General Court and Court of Justice of the EU
- Represented the European steel tube industry as Appellants in proceedings before the Court of Justice of the EU in a case regarding anti-dumping duties
- Representing the European steel tube industry before the General Court of the EU in a case against the European Commission concerning anti-dumping duties
Export Control and Economic Sanctions
- Advising a Russian energy company on EU sanctions related to Russia
- Advising a global pharmaceutical company on EU sanctions related to Iran
- Advising a global chemicals company on various aspects of EU export control laws and EU sanctions, in particular with respect to dual use goods
- Advising a multinational beverage company on EU sanctions related to Iran
- Advising an oilfield services company on EU sanctions related to Russia
EU Trade Defence
- Represented three EU manufacturers of household goods to secure an additional five years of anti-dumping duties on imports of Chinese-produced ironing boards
- Represented EU homeware manufacturers in an anti-dumping investigation regarding imports from China
- Represented a European manufacturer before the EU anti-fraud office (OLAF) regarding the circumvention of anti-dumping duties on imports from China
- Advising the International Air Transport Association (IATA) as complainant in the European Commission's investigation into anticompetitive practices in the aircraft engines and components after market
- Advising a large technology company in relation to standardization and joint licensing matters
- Represented a major telecommunications company in a European Commission investigation concerning alleged refusal to deal and margin squeeze in the national broadband sector
- Represented a major pharmaceutical supplier in its defence against an investigation by the European Commission into patent settlement agreements
- Represented Ryanair in proceedings before the Office of Fair Trading regarding Ryanair's minority stake in Aer Lingus
- Represented a major pharmaceutical supplier in its defence against an investigation by the European Commission into alleged collusive behavior and abuse of regulatory procedures
- Advising various companies on State aid law issues
Awards & Community
Recommended in The Legal 500 EMEA, 2020
Recognised by World Export Control Review (World ECR) Awards as a "Young Practitioner of the Year," and noted as "Highly Commended," 2016
The crisis caused by the COVID - 19 pandemic led to a rapid response from the European Commission through changes to its State aid framework.
UK Court Rules that Entities Cannot Earn Interest on Outstanding Arbitration Awards While Designated Under EU SanctionsClient Updates
Baker Botts International Dispute Resolution Update
EU General Court clarifies in Starbucks and Fiat Chrysler Finance cases how EU state aid rules apply to national tax rulingsClient Updates
Baker Botts Antitrust Update
Baker Botts is delighted to partner with Oxera on hosting a webinar discussing what the lessons are for State Aid Policy beyond the pandemic.