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Kevin Coates
Kevin Coates advises clients on critical antitrust matters drawing on his extensive public sector experience in the Directorate-General for Competition of the European Commission ("DG COMP"), most recently as Head of a Cartel Unit.
His practice has a particular focus on advising companies in the electronics, technology, software and e-commerce sectors.
Mr. Coates advises on all aspects of EU, UK and international competition law, including merger control, compliance, cartels and leniency, and abuse of dominance.
Mr. Coates served as Head of a Cartel Unit at the Directorate-General for Competition (“DG Comp”) at the European Commission between 2012 and 2016. Prior to this, he held several positions within DG Comp, over nearly 20 years in total, including advising the Director General of DG Comp on policy and communications issues, and overseeing competition cases in the telecoms and media sectors. While working for the Director General he was one of the team that produced the Guidance on Enforcement Priorities under Article 102.
He was also a visiting research fellow at NYU School of Law in 2009-2010.
Prior to joining DG Comp, he served as in-house Counsel at AOL Europe where he was responsible for antitrust and regulatory issues for AOL subsidiary companies in the UK, Germany, France and the Netherlands.
Mr. Coates is the author of “Competition Law and Regulation of Technology Markets” published by Oxford University Press in 2011.
Mr. Coates is co-chair of Covington’s Internet of Things (IoT) group, and leads the firm's Brexit Task Force.
- Advising The Walt Disney Company on the antitrust clearance process for its $71.3 billion transaction with 21st Century Fox.
- Advising a German high tech car parts maker in a Standard Essential Patents based competition law complaint brought by a competitor before the EU.
- Advising global consumer goods brands on a range of issues including retail alliances in the EU, distribution and e-commerce, and sustainability issues.
DOJ to Credit Compliance Programs and Consider Deferred Prosecution Agreements in Cartel Cases
July 15, 2019, Covington Alert
The U.S. Department of Justice Antitrust Division has long been out-of-step with the rest of the DOJ in refusing to consider the compliance programs of corporate antitrust offenders in charging or sentencing decisions. But on July 11, 2019, Assistant Attorney General Makan Delrahim announced fundamental and sweeping changes to the Division’s approach to ...
January 14, 2019
The Concurrences Antitrust Writing Awards 2019 Editorial Committee has nominated three articles authored by Covington lawyers to its shortlist. We encourage you to share your opinion on our nominated articles: Compliance Plus? Proposed Fine Reductions for Audited, Strengthened Compliance Programmes by Kevin Coates and Andrea Zulli. Data, Innovation, and ...
November 15, 2018
The proposed withdrawal agreement between the European Union and the United Kingdom was published by the European Commission on November 14 (see here). The text runs to 585 pages, and represents a tentative agreement reached between the UK and EU negotiating teams. It is accompanied by an eight-page outline of the proposed political declaration on the future ...
May 30, 2018, Journal of European Competition Law & Practice
Covington's Net Neutrality and Zero-Rating Webinar
November 20, 2017, Webinar
Intel verdict opens door to antitrust economists
September 6, 2017, Politico
Kevin Coates is quoted in a Politico article regarding the CJEU's long-awaited judgment in the Intel case. According to Coates, “It seems to clarify the case law in the direction of more economic analysis."
September 6, 2017, PaRR
Kevin Coates is quoted in a PaRR article regarding the CJEU's decision in the Intel abuse-of-dominance case. According to Coates, “When a court says the case law needs clarifying, they are moving on a little." He adds that the CJEU is “moving the dial incrementally” in favour of more economic analysis as compared to the traditional case law of the court going ...
September 6, 2017, Global Competition Review
Kevin Coates is quoted in a Global Competition Review article regarding the CJEU's judgment in the Intel abuse-of-dominance case, which now returns to the general court. According to Coates, the ruling incrementally moves the case law, requiring the enforcer to apply the AEC analysis if the defendant brings evidence forward in the administrative procedure, but ...
EU Intel decision bolsters tech cos.' antitrust defences
September 6, 2017, Law360
Kevin Coates is quoted in a Law360 article regarding the CJEU's decision to send a €1.06 billion abuse-of-dominance fine imposed on Intel back to the lower court for another look. According to Coates, the high court’s decision was more of a criticism of the lower court’s handling of the case than of the commission’s conclusions about the rebates. “It’s really ...
Intel wins review of EU's euro 1bn antitrust fine
September 6, 2017, Financial Times
Kevin Coates is quoted in a Financial Times article regarding the CJEU's judgment in the Intel case where the higher court sent the case back to the general court. According to Coates, "It is more a criticism of the general court for not looking at the whole decision but only looking at a part of it."
Navigating anti-competition enforcement globally
January 31, 2017, Compliance Week
Michael Fanelli and Kevin Coates are quoted in a Compliance Week article examining how companies are navigating the global enforcement landscape. Commenting on global antitrust investigations, Fanelli says, “[Cooperation] involves a real thorough investigation to show you’re doing everything you can to root out the problem.” Applying for leniency may not always ...
2009-present, Blog
Mr. Coates writes a personal blog on competition law matters.
November 3, 2016, Covington Alert
Today, the High Court of England and Wales held that the UK Government does not have the power to trigger the process of withdrawal from the EU without first obtaining Parliamentary approval. The High Court’s decision will likely be the subject of an appeal heard by the UK Supreme Court in December this year.
The European Commission's Preliminary Report and Public Conference on the E-commerce Sector Inquiry
October 19, 2016, Covington Alert
On September 15, 2016, the European Commission published its Preliminary Report on the ongoing e-commerce sector inquiry. The report is based on the input from nearly 1,800 companies operating in e-commerce of consumer goods and digital content and has analyzed around 8,000 distribution contracts. The report confirms the fast growth of e-commerce in the EU and ...
Interview with Kevin Coates
July 26, 2016, Competition Law Insight
Kevin Coates discusses his career highlights and the legal landscape in this interview with Competition Law Insight.
July 20, 2016, Global Competition Review
Kevin Coates participated in the American Bar Association’s criminal antitrust conference and is quoted in a GCR article regarding the effects of Brexit on antitrust. According to Coates, the effects of Brexit on competition law will only be felt if the United Kingdom decides it wants an economic relationship with the European Union different from one created by ...
EC truck cartel case signals policy change- ABA event
July 19, 2016, PaRR
Kevin Coates spoke at an American Bar Association webinar entitled “Cartel and Criminal Practice Update” and is quoted in a PaRR article regarding the significance of the European Commission’s July truck cartel decision. According to Coates, this is the first case in which the EC issued a normal procedure statement of objections (SO) to parties, and then agreed ...
2019
Our Brexit Task Force is staffed by senior lawyers and advisors across London, Brussels, and Washington to monitor events and to keep clients apprised of legal, regulatory, and policy developments. We are advising clients across a wide range of businesses and industries on the impact and implications of Brexit, including on strategic policy and regulatory ...
Covington Continues Expansion of European Capabilities
June 30, 2016
BRUSSELS—With the latest addition of Ambassador Péter Balás, Covington has further enhanced its global Antitrust and Competition and Public Policy and Government Affairs practices. The firm’s strategic growth in Europe includes the addition of the following professionals in recent months: Ambassador Péter Balás, the former Deputy Director-General of DG ...
UK Votes to Leave the EU
June 24, 2016, Covington Alert
The UK has voted to leave the European Union in an advisory referendum. 52% leave - 48% remain. Were the UK to leave the EU, this would have significant implications for the UK and for international businesses operating in the UK. The longer term impact of the decision on the regulatory framework for the UK will depend, in part, on the relationship that the UK ...
April 4, 2016
BRUSSELS — Kevin Coates, a former senior official who served as Head of one of the Cartels Units at the Directorate-General for Competition at the European Commission between 2012 and 2016, has joined Covington’s antitrust and competition practice. Over the last 16 years, Mr. Coates has held several senior positions within DG COMP and before that served as ...
Covington hires EU cartel enforcer Coates
April 4, 2016, Global Competition Review
Kevin Coates, Johan Ysewyn and Deborah Garza are quoted in this GCR article announcing the arrival of Coates as a partner in the firm’s European competition practice.
- Chambers Europe, TMT (2018)
- Legal 500 EMEA, Competition - EU and Global (2016-2017) and IT and Telecoms (2017)
- Who’s Who Legal, Competition (2017-2019)