Kiran Desai
Kiran is a Partner and Head of Brussels office with extensive experience advising on competition law, both UK and EU, as well as EU compliance law generally. He has worked on matters covering many sectors and in the past few years has been particularly active in relation to the TDT sectors and technology aspects of other sectors, such as automotive. In recent years he has focused on competition and EU regulatory law issues concerning local markets mergers, technology and data. He has advised clients in relation to the UK/EU interface as a result of Brexit and in relation to broader UK trade law matters, including sanctions advice. Kiran is a member of the firm's India Business Group and regularly advises Indian corporations.
Kiran is qualified to practice in England & Wales as well as Brussels, the latter allowing his advice to benefit from legal privilege when advising clients on sensitive EU competition law issues.
Kiran is a recognised author and speaker on competition law, in particular the technology sector. He is the standing contributor to the UK competition chapter of Competition & Regulatory Law Review, published by Lexxion. He also writes regularly on topical subjects, typically with a business angle rather than a purely descriptive account of the legal development.
Examples of Kiran’s experience include:
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\tadvice to a client subject to a cartel allegation by the UK's FCA that was using its concurrent competition powers in an esoteric activity in the financial sector.
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\tadvice to a client subject to the double cartel investigation by the UK and EU competition authorities into the the recycling of cars and vans.
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\tmulti-jurisdictional merger control advice for an Indian HQ'd client in relation to the acquisition of a Scandinavian based target business,
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\tadvice and support for client in relation to a voluntary NSI Act application that was subject to an in-depth investigation,
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\tproduction of a report for a leading Chinese technology producer proposing a methodology to examine the government effects of removing its products from the market as regards competition law and cybersecurity law,
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\ta second phase merger investigation with divestments in Germany for a leading European cinema exhibitor,
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\ta study in relation to tobacco price rules for a global tobacco company,
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\tlitigation before the European Court of Justice on behalf of the several leading UK companies appealing the European Commission’s CFC State aid decision,
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\ta study for the European Commission, where he was the lawyer addressing the competition and regulatory aspects, including liability and insurance of changes to the structure of air transport navigation, in particular the data aspects of such changes,
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\tcompetition compliance and strategic advice for an ad hoc group of suppliers concerning certain downstream issues,
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\tsanctions advice to a sports business in relation to its broadcasting agreement with a national broadcaster,
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\tadvice to a sport association about a possible competition complaint to the European Commission re the conduct of a sport organising body.
Examples of Kiran’s articles include:
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\tThe CMA's report into AI foundation models, European Competition and Regulatory Review, Volume 7 (2024), Issue 4
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\tCompetition, Big Tech and Retail Financial Services - A Regulator's Discussion Paper, European Competition and Regulatory Review, Volume 6(2023), Issue 1
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\tFollow-on Damages Actions: An Example of When They Might Not Occur?, European Competition and Regulatory Review, Volume 6 (2022), Issue 4
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\tNational Security and Investment Act 2021: Eight Months Review, European Competition and Regulatory Review, Volume 6 (2022), Issue 3
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\tFacebook / GIPHY merger - The end of BigTech's spending spree? European Competition and Regulatory Review, Volume 6 (2022), Issue 1
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\tChanging Competition Law for the Digital Sector, European Competition and Regulatory Review, 1/2021 (Vol. 5) https://core.lexxion.eu/article/CORE/2021/1/0 UK State Aid Rules Post-Brexit, European State Aid Law Quarterly, (2020, No.4).
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\tThe UK Competition and Markets Authority’s report, Online platforms and digital advertising, in context, European Competition and Regulatory Review, 3/2020 (Vol. 4) https://core.lexxion.eu/article/CORE/2020/3/9
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\tAntitrust M&A: 4 to 3 mergers might be back on the strategic table, EY Law, June 2020 The sharing economy: legal fragmentation might lead to harmonization of the law, EY Law, June 2020
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\tEU State Aid – An overlooked element of transaction strategy, EY Law, May 2020
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\tCOVID-19: State Aid as Part of Your Financial Solution – The Questions to Ask, EY Law, May 2020
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\tEU Competition Rules: Covid-19 Crisis Response EY Law, April 2020
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\tChemicals Industry: Competition Rules and State aid: Key Developments, EY Law, March 2020
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\tA Major Strategy Initiative – EU Data – Competition & Industrial Policy, EY Law, February 2020
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\tData ownership and monetization are core issues of a recent competition complaint, EY Law, September 2019
Examples of Kiran’s speaking engagements include:
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\t2023 August 8, Competition and employment laws overlap, podcast
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\t2023 April 28, ESG practical points for business, episode 1, Five actions for the coming months, podcast
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\t2022 November 22, UK-India commerce: Competition and bilateral investment, podcast with Khaitan & Co
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\t2022 November 1, NSI Act - nine months review, Shoosmiths webinar with DRD Partners
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\t2020 October 9, Forum Europe, Cyber-Security Salons, Global Outlook
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\t2020 May 2, EY Forensics and Vaish Associates Advocates, Competition in India and Abroad
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\t2019 September 20-21, Prague EU Law Days, Competition Law and the 4th Industrial Revolution
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\t2019 June 17, EY Law, M&A client seminar, Competition Law
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\t2019 May 23, EY global M&A partners meeting, London, EU & Competition Law Hot Topics for M&A lawyers
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\t2018 IBC Advanced EU Competition Law, Brussels, Blockchain: Competition Law Challenges
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\t2018 September 25, EY global webcast, Navigating tomorrow’s automotive industry legal challenges
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\t2018 July, EY global tax conference, New York, Legal Aspects of Brexit
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\t2018 June 7-8, Prague EU Law Days, Competition Law and Innovation
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\t2018 February 14, EY global webcast, Navigating routes to market in an era of change