by Kevin Coates | Jan 27, 2014 | Antitrust, Cartels, Featured, Fines
The European Commission’s positions on inability to pay competition fines, and on the failing firm defence under the merger regulation are superficially different, but the underlying policy concern is the same. The Commission’s 2006 Fining Guidelines...
by Kevin Coates | Jan 20, 2014 | Abuse
Most press comment has been on the Commission’s investigation into Google’s search practices. The Commission has another pending case, however, into Google’s handling of the Android operating system. Alfonso Lamadrid of Garrigues (disclosure: a...
by Kevin Coates | Jan 13, 2014 | Antitrust, Cartels, Featured
Two years ago I wrote a short article (which I recently republished here) on why reducing competition fines because a company had a compliance policy would be a mistake. Since then, I’ve changed my mind. But only on the reasoning, not the result. At least for now. And...
by Kevin Coates | Oct 30, 2013 | Commentary, Legal Writing
“There are two things wrong with almost all legal writing. One is its style. The other is its content.” This quote and the law review article it comes from (entitled “Goodbye to Law Reviews”) is new to me. I came across it via Edward Tufte whose superb...
by Kevin Coates | Oct 28, 2013 | Abuse, Featured
Several recent Commission cases and Court judgments suggest a new way of looking at some abuse cases – as a form of estoppel. The Court of Justice’s preliminary ruling in Telia Sonera, holding that a margin squeeze can be abusive even absent a duty to...
by Kevin Coates | Oct 20, 2013 | Antitrust, Commentary, Featured, Mistakes the Other Side Make
(This post is the first in a series discussing mistakes both sides make in competition cases: see the introduction and as always don’t forget the disclaimer.) Playing the man, not the ball is a mistake more often – but not exclusively – carried out...
