by Kevin Coates | Feb 21, 2012 | Competition Law and Regulation of Technology Markets, Reviews
Riccardo Sciaudone of Grimaldi e Associati has reviewed my book in the International Journal of Law and Information Technology. He concludes: Competition Law and Regulation of Technology Markets is a very valuable work and will become a leading text in the field. Although intended to be, in the author’s view, mainly a reference text for practitioners, it will certainly reach a much wider audience. Its reference to historical developments, discussion of doctrinal bases of laws and judgments and the constant comparative approach, in addition to a thorough and lucid analysis of a considerable amount of case-law and decisions both in the EU and in the USA, it will also be of particular interest for academics, antitrust enforcers, regulators and policy makers. International Journal of Law and Information Technology Vol. 20 No....
by Kevin Coates | Feb 20, 2012 | Antitrust, Competition, Featured, Fines
My third column for the E!Sharp website has been published. It looks at the arguments for and against rewarding corporate compliance programmes by granting a reduction in competition fines if the companies are nevertheless caught breaking the competition rules: If a company stays out of just one cartel because of the compliance programme, the fine that it avoids will pay for the programme many times over. If you think compliance programmes are expensive, try non-compliance. And if that is not a sufficient incentive, a reduction of a fine where they have engaged in a cartel will make no difference at all. UPDATE: The article is no longer available on the ESharp website, so I’m reposting it here: Complicity and Compliance “Does the defence have anything to say in mitigation before I pass sentence?” “Yes, my lord. If it please the court, before robbing the bank in question, my client walked past three other banks. As he did so, he repeated to himself a mantra, ‘I must not rob banks, I must not rob banks.’ He had taught himself this mantra as a way to avoid falling into the temptation of criminal activity. However, he finally succumbed to that temptation and robbed the fourth bank. My client would like his sentence for robbing the fourth bank reduced on account of his not having robbed the first three.” “Really, counsel?” “Yes, my lord.” This is absurd, but it is very similar to a campaign by some multi-national corporations to reduce their – potential future – fines for breaking competition rules. The analogy isn’t perfect, but it’s closer than they would like....
by Kevin Coates | Feb 20, 2012 | Competition Law and Regulation of Technology Markets, Featured, Reviews
Concurrences has published a great review of my book in the latest edition of their Concurrences journal. Written by Thomas Vinje of Clifford Chance, the review concludes: One consistent and welcome aspect of this book is its focus on economics and its application in contemporary competition cases related to technology. The analysis is not stuck in the past, but focuses on up-to-date economic thinking and anticipates how that thinking might be applied going forward. Apart from its substantive depth, this book benefits from a fluent writing style: for a book on the law, it’s a real page-turner. For someone interested in the topic of technology markets and competition law, this book is no remedy for sleeplessness. It races through the key topics in a rather exciting way, without sacrificing substance. Not an easy...
by Kevin Coates | Dec 22, 2011 | Competition, Fines
My second column for the E!Sharp website has now been published. It looks at the European Commission’s fining policy and sets out some of the difficulties and constraints that make getting the fines right complex. It also debunks the main arguments about fines now being too...
by Kevin Coates | Dec 22, 2011 | Competition Law and Regulation of Technology Markets, Reviews
Another endorsement for the competition law and technology book, this one from a highly respected private practitioner based in London and Brussels: This is a thorough and thoughtful review by someone who is extremely well informed and an excellent exposition and analysis of the issues and challenges facing the IT sector. I will have this book on my desk at all times, and it is a “must have” for all ICT lawyers. Maurits Dolmans, Cleary Gottlieb Steen & Hamilton...
by Kevin Coates | Nov 22, 2011 | Competition
The editor of E!Sharp, a European public policy magazine, has asked me to write an occasional column for the new E!Sharp website. This is the first of my columns – a general introduction to competition...