by Kevin Coates | Feb 3, 2014 | Antitrust, Featured, Procedure
Too often we tend to assume that if we can write down a question – in a request for information – then business can write down the answer just as simply. (This is the second article in what I hope will be a series covering “Mistakes the Other Side...
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 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 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...
by Kevin Coates | Oct 20, 2013 | Antitrust, Commentary, Featured, Mistakes the Other Side Make
The [other side] always gets things wrong; if only the [other side] could make fewer mistakes, or be more trustworthy, or more open, then everything would move along more easily. This is a common feeling among those who work on competition cases (and pretty much...
