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Curriculum Vitae
Summary
All specialist areas
Competition Law
European Union Law
Human Rights and Freedom of Information
Procurement and State Aid Law
Public Law and Regulation
VAT and Customs Duties
Additional Information

Alan Bates

MA Law (Cambridge) First Class; LLM (Pennsylvania) Thouron scholar
Call date: 2003

Summary

Alan specialises in EU, competition and public law, with a strong emphasis on regulatory disputes.  He also has a busy VAT practice, representing both taxpayers and HMRC.

Alan has a particular interest in State aid law, and is the co-author of the State aid chapter of Bellamy & Child (2008 edition).

He is a member of the Attorney General's C Panel

Examples of Recent Court Work

  • The Construction Industry Collusive Bidding and Recruitment Agencies appeals (Competition Appeal Tribunal, ongoing): Representing the OFT in these appeals, in which a total of 28 appellants are challenging the OFT's approach to setting penalties for infringements of the Chapter I prohibition.
  • Vtesse Networks [2010] EWCA Civ 16: Successful defence of the method used for making rating valuations of underground fibre-optic cables, against a challenge under the EU Telecoms Directives and State aid law.
  • Independent Media Support v Ofcom [2007] CAT 29, [2008] Comp AR 48; and [2008] CAT 13, [2008] Comp AR 161: Successful defence of regulator in proceedings concerning (a) the appealability of case closure decisions, and (b) the lawfulness of long term exclusive contracts to supply subtitling services to UK broadcasters.
  • R (Haynes) v Stafford BC [2007] 1 WLR 1365: Judicial review of grant of licence for 'pet fair' involving sale of 13,000 exotic birds - lawfulness under EC Directives to prevent spread of avian flu.
  • Vodafone v Ofcom [2008] CAT 22: Challenge to regulator's cost-benefit analysis for a change to call routing systems.
  • E.ON UK Plc v GEMA CC02/07: The first ever appeal to the Competition Commission against an energy code modification decision.
  • R (Zoolife International Ltd) v Sec of State for Environment Food and Rural Affairs [2007] EWHC 2995 (Admin), [2008] ACD 44: Challenge to appointment of zoo inspector on the basis of right to protection of trade secrets under ECHR Protocol I Art 1.
  • GlaxoSmithKline v HMRC (ongoing): VAT liability of Lucozade Sport - whether a standard rated 'beverage'
  • T-Mobile v HMRC [2008] BVC 2169, [2008] STI 1072: Representing HMRC in proceedings in which they succeeded in establishing that 'payment processing charges' made to customers that have not chosen to pay by Direct Debit are not exempt from VAT.

Examples of Recent Advisory Work

Alan has advised in relation to the compatibility of a wide range of commercial arrangements, agreements and practices with UK and EC competition law.

In addition, his recent work has included advising:

  • regulators in relation to Competition Act investigations, the resolution of disputes between telecoms providers, and the exercise of consumer protection powers;
  • private sector clients, a central government department and regulators on Freedom of Information Act requests and data protection issues;
  • local authorities and NHS trusts in relation to procurement, State aid, TUPE and local government law risks arising in connection with complex reorganisations of public services (including to new third sector providers);
  • the OFT in relation to its decision whether to refer the grocery market to the Competition Commission;
  • airlines and buyers of ships and aircraft on VAT and duty issues;
  • a veterinary surgeon in professional disciplinary proceedings raising issues of freedom of expression and human rights; and
  • a major campaigning organisation in relation to its lobbying strategy and Parliamentary procedure, including by preparing written submissions to a Commons Select Committee and drafting amendments to Parliamentary Bills.

Experience Prior to Joining Chambers

Alan's experience prior to joining Chambers included carrying out a Human Rights Act audit of the English law of bail, teaching Public Law at King's College London, and serving as Judicial Assistant to the Senior Law Lord.