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People

Brian Byrne
Brian Byrne
Brian R. Byrne
Counsel
brian.byrne@bakerbotts.com
Details
Overview
Overview Admission & Affiliations Experience News Thought Leadership Awards and Community
Practices
Antitrust and Competition Law
Antitrust and Competition Law Counseling
Antitrust and Intellectual Property Intersection
Antitrust Consumer Products
Antitrust Litigation and Class Actions
Economic Sanctions and Export Controls (EU)
European Trade
International Trade
Litigation
Merger Control, Foreign Direct Investment, and Foreign Subsidies
Regulatory
State Aid
Trade Defense: Anti-dumping and Anti-subsidy (EU)
Industries
Technology

Overview

"Our main point of contact is Brian Byrne in Brussels, who is a fantastic lawyer. He is thoughtful, hard-working, and has taken the time to know our business meaning his advice is always on point. He is also very pleasant to work with."

The Legal 500 EMEA 2023

Brian R. Byrne is an experienced litigator with a diverse practice encompassing international trade law, EU competition law and EU State aid 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 is a key member of the team that was awarded Sanctions Law Firm of the Year (Europe) in the 2021 World Export Control Review (World ECR) Awards.

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, Ryanair in multiple State aid cases, and several European Transmission System Operators (TSOs) in cases challenging decisions of the European Agency for the Cooperation of Energy Regulators (ACER).

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.

Mr. Byrne 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.

Prior to joining Baker Botts, Mr. Byrne was an associate at another international law firm.

Admission & Affiliations

  • Licensed in Brussels
  • Qualified Solicitor, Ireland, 2009
  • Master of Laws, New York University School of Law 2010
  • Bachelor of Civil Laws, University College Dublin 2007
    first class honors

Experience

EU Litigation

  • Represented Ryanair in several cases before the General Court and Court of Justice 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

Export Control and Economic Sanctions

  • Advising a global oilfield services company on EU sanctions related to several jurisdictions, including Russia
  • Advising a global chemicals company on EU sanctions related to Russia
  • Advising a global pharmaceutical company on EU sanctions related to Iran
  • Advising an international aircraft leasing company on EU sanctions compliance

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

Competition Law

  • Represented the World Shipping Council in relation to the parallel reviews of the block exemption for shipping consortia by the European Commission and UK CMA
  • Representing a leading Norway-based power exchange with operations throughout Europe, in bringing a complaint alleging an abuse of its dominant position by its main competitor
  • Represented 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
  • 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 and Community

Recommended in The Legal 500 EMEA, 2020-2021

Recognised by World Export Control Review (World ECR) Awards as a "Young Practitioner of the Year," and noted as "Highly Commended," 2016