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...
by Kevin Coates | May 30, 2016 | Commentary
As avid readers of social media, Politico, Chillin Competition and other places will know, I left the Commission at the end of February. On 4 April I joined Covington’s growing competition team in Brussels. I will continue to write on this blog – though...
by Kevin Coates | Apr 15, 2015 | Cartels, Fines, General
Do the fining rules treat small companies badly? This is an occasional criticism of the 2006 Guidelines on Fines. Is it accurate? Let’s take an intentionally simplified example. Nine companies each have value of sales of 10m euros per year in a product which...
by Kevin Coates | Sep 29, 2014 | Commentary, Legal Writing
Therefore, to be possess’d with double pomp, To guard a title that was rich before, To gild refined gold, to paint the lily, To throw a perfume on the violet, To smooth the ice, or add another hue Unto the rainbow, or with taper-light To seek the beauteous eye...
by Kevin Coates | Apr 18, 2014 | Abuse, Antitrust, Commentary, Predation, Predatory Innovation
Sophie Lawrance of Bristows has written a post on the US Department of Justice investigation into high frequency trading, a practice most recently brought into public view by Michael Lewis’s book Flash Boys. In addition to saying nice things about this blog,...
