by Kevin Coates | Aug 6, 2020 | General
The competition rules are commonly referred to as an ex-post instrument; regulation is frequently referred to as ex-ante. The public consultations on the proposed New Competition Tool and the Ex Ante Regulation that are part of the Digital Services discussions both...
by Kevin Coates | Jul 16, 2020 | General
Many of you will have seen a lecture I’ve given on several occasions since around 2011 when I discuss antitrust issues around interoperability. My basic concern is that the competition rules – and I’m thinking in particular of the EU’s 2004...
by Kevin Coates | Feb 3, 2020 | Tech Markets
There is a popular perception that competition law – and competition economics – has failed to keep up with technology markets. I don’t want to comment on whether I think that’s true but I do want to set out briefly what some of the problems...
by Kevin Coates | Jul 5, 2016 | Cartels, Commentary, Fines
Summary The short version of this very long post is that the Commission’s current policy of applying the concept of recidivism to the highest level parent that exercises decisive influence over the infringing company appears to unduly punish undertakings that...
by Kevin Coates | May 31, 2016 | Antitrust, Commentary
Defining a set of conduct as a single and continuous infringement (SCI) has significant consequences for parties to a cartel, in particular for their exposure in follow-on damages actions. It is no surprise, therefore, that the increased prevalence of damages actions...
