Alan’s competition law practice includes both challenges to regulators’ decisions, and bringing and defending private damages claims (including collective actions). Alan has acted for and against all the main economic regulators, including the European Commission, the CMA (and its predecessors, the OFT and the Competition Commission), OFCOM, OFWAT, OFGEM and the Office of Rail & Road. He has also assisted regulators in drafting their decisions. He also has extensive experience of private damages claims and has appeared in many of the key cases (often as Lead Counsel).

His extensive experience of litigation in the UK Competition Appeal Tribunal and High Court extends across the breadth of competition regulatory work, including challenges to: infringement and penalty decisions under the Competition Act; regulatory decisions concerning ‘significant market power’ determinations and price controls; judicial reviews of merger decisions; and final remedies decisions reached at the conclusion of market investigations.

Alan has deep knowledge of subsidy control law. He authored the State Aids chapter of Bellamy & Child European Union Law of Competition (6^th and 7^th editions), and the ‘compatibility of aids’ chapter in Bacon, European Union Law of State Aid. He is one of the very small number of barristers who are regularly instructed to advise on matters under the UK’s Subsidy Control Act.

Cases

• Trucks ‘second wave’ claims (CAT, ongoing): Lead Counsel for the 179 claimants represented by Edwin Coe, including Poundland, Adnams, Wincanton and Edwards Transport.
• BSV Claims Ltd v Bittylicious & Ors (CAT, ongoing): Lead Counsel for the first defendant, Bittylicious. The collection action seeks damages for losses alleged to have been suffered by investors in cryptocurrency in consequence of an alleged anti‑competitive agreement between operators of cryptocurrency trading platforms.
• Whistl v Royal Mail (CAT, ongoing): Competition damages claim against Royal Mail for loss of profits Whistl claims it suffered in consequence of an exclusionary abuse of dominance by Royal Mail relating to the bulk letter mail market (led by Jon Turner KC).
• R (British Educational Suppliers Assoc & Ors) v Secretary of State for Education (Admin Ct., ongoing): Lead Counsel for the Defendant in this claim, in which the claimants allege that UK Government funding to an entity providing curriculum resources for schools constituted unlawful subsidy under the subsidy control chapter of the UK‑EU Trade & Co‑operation Agreement.
• Vauxhall Motors v DENSO (Ch.D, ongoing): Defending DENSO against a competition damages claim brought by the Stellantis group relating to  alleged anti-competitive co‑ordination between suppliers of thermal system components for cars (led by Philip Moser KC).
• Dorothy Gibson v Pride Mobility Products (UK CAT, [2017] CAT 9, [2017] 4 CMLR 1429): Led the defence team resisting the first ever application for a collective proceedings order to permit an ‘opt-out’ class action for consumer losses arising from a competition law infringement.
• British Airways v Commission (EU General Court, Case T-48/11, EU:T:2015:988): Principal advocate representing the European Commission in resisting British Airways’ challenge to the €104m fine imposed on it in the Airfreight case.
• Apple v European Commission (EU General Court, Case T 892/16): Challenge by Apple to the Commission’s decision requiring Ireland to recover €13bn alleged unlawful State aid relating to the treatment of Apple’s profits under Irish tax law (led by Daniel Beard KC).
• Merger control – public interest: Advising the Department for Business Enterprise & Industrial Strategy on proposed reforms to the merger regime under the Enterprise Act 2002 to increase the scope for mergers to be prohibited on national security and other public interest grounds.

Alan is regularly instructed by both bidders and contracting authorities/utilities in procurement law matters. As well as claims under the Public Contracts Regulations, his accumulated experience also includes claims under the Utilities Contracts, Defence Contracts, and Concessions, Regulations, as well as claims under Regulation 1370/2007.

The disputes and other matters on which he has advised have included complex procurements, including of rail franchises, global supplies (e.g. supplies to embassies around the world), contracts relating to international assistance, international sporting events, and appointments to very high value multi-customer public sector frameworks.

When instructed on behalf of bidders, Alan has secured a number of substantial confidential financial settlements. When instructed on behalf of contracting authorities, his timely strategic advice has often contributed to achieving the prompt lifting of the automatic suspension (usually by consent), and subsequently the withdrawal of the claim.

Alan has a particular interest in the application of the procurement rules in the contexts of supplies between NHS bodies, re‑organisations of public services, social impact bonds, ‘payment by results’, software licences, use of social criteria, and ‘externalisations’ of public services to charities and other ‘third sector’ providers.

Cases

• Excelerate Technology v West Midlands Ambulance NHS Trust and NHS England (TCC, ongoing): Lead Counsel for the first defendant in a challenge to the outcome of a procurement process. The procurement is being challenged on grounds of breach of the PCR 2015 as well as breach of contract, conspiracy and misfeasance.
• R (Good Law Project and Everydoctor) v Secretary of State for Health; Crisp Websites Ltd t/a PestFix and Ayanda Capital ([2022] EWHC 46 (TCC)): Lead Counsel for the interveners, PestFix and Ayanda, in this high profile challenge to contracts awarded to them to supply PPE to the NHS during the Covid‑19 pandemic.
• MLS (Overseas) Ltd v Secretary of State for Defence ([2017] EWHC 3389 (TCC)): Lead Counsel for the Defendant in a procurement claim relating to a high value contract for supplying Royal Navy ships in ports worldwide. Produced a key judgment developing the law on the test for determining whether the rules of the competition set out in the ITT are sufficiently clear and unequivocal to comply with the duty of transparency.
• Rail franchising: Advising the Dept for Transport in relation to a dispute regarding a particular rail franchise, and as to the lawful options available to the Department for reforming rail franchising arrangements and the letting of such franchises.
• Advising the Wales Audit Office in relation to its investigation into the lawfulness under EU procurement and State aid law of the direct award of contracts by Natural Resources Wales.
• Associated British Ports v Ministry of Defence (TCC): Claim relating to the fairness of a process for awarding a concession to operate a new commercial port on a site formerly reserved for MoD purposes.
• Re‑organisations of public services: Advising local authorities on the procurement and State aid law compatibility of projects for ‘externalising’ libraries, leisure centres and other community facilities to new independent charitable organisations.
• International aid: Advising the Dept for International Development in relation to the applicability of EU procurement law to contracts relating to the provision of services in developing countries.

Alan has a wealth of experience in advising on matters involving complex points of European Union law, covering a great breadth of contexts including environmental protection, free movement of goods and services, data rights, State aid / subsidy control, fundamental rights, employment, discrimination and taxation.

Prior to Brexit, Alan appeared as an advocate before the EU Court of Justice in multiple cases establishing significant points of principle. His experience includes appearing before the EU Courts as advocate for the European Commission.

He has previously served on the Bar Council European Law Committee.

Cases

• R (Cruelty Free International) v Secretary of State for the Home Department ([2023] EWHC 1064 (Admin)): Lead Counsel for the claimant in a challenge to the Home Office’s interpretation of the post‑Brexit retained versions of the EU Cosmetics Regulation and the ‘REACH’ legislation on chemicals safety.
• R (Riverside Park Ltd) v Secretary of State for Levelling Up, Housing and Communities ([2023] EWHC 2937 (Admin)): Lead Counsel for the defendant in judicial review claim relating to the interpretation of EU legislation relating to the clawback of grant funding provided from out of EU Structural Funds.
• R (Heathrow Hub Ltd) v Secretary of State for Transport ([2020] EWCA Civ 213): Defending the National Policy Statement on Airports against a challenge alleging that it granted unlawful state aid and/or contravened Article 106(1) TFEU (led by Robert Palmer KC).
• Apple v European Commission (EU General Court, Case T 892/16): Challenge by Apple to the Commission’s decision requiring Ireland to recover €13bn alleged unlawful State aid relating to the treatment of Apple’s profits under Irish tax law (led by Daniel Beard KC).
• Nunez Torreiro (C-334/16, EU:C:2017:1007), Rodrigues de Andrade (C 514/16, EU:C:2017:908) and Fundo de Garantia Automóvel v Juliana (C 80/17): Representing the United Kingdom in cases concerning the interpretation and application of the Motor Insurance Directive.
• Achbita v G4S Secure Solutions (C-157/15, EU:C:2017:203) and Bougnaoui v Micropole (C 188/15, EU:C:2017:204): The leading cases on the distinction between direct and indirect discrimination in EU law, decided in the context of religious discrimination claims relating to female Muslim employees wishing to wear headscarves at work.
• Camacho v Securitas Seguridad España (C-407/14, EU:C:2015:831): Case concerning whether EU law right to an effective remedy requires the availability of punitive/exemplary damages.
• Liga van Moskeen (C-426/16): Interpretation of the Meat Hygiene Regulation and its compatibility with the right to freedom of religion.
• Provincia di Bari v Edilizia Mastrodonato (C-147/15, EU:C:2016:606): Interpretation of the Mining Waste Directive and the Landfill Directive.
• EU funds disallowance: Advising a UK government department on a proposed challenge in the EU Courts to a Commission decision disallowing a UK claim on EU funds.
• Germany v Parliament and Council (C-113/14, EU:C:2016:635): EU constitutional law – invalidity of EU legislation made by the co‑decision procedure trespassing on the exclusive competence of the Council to adopt intervention threshold prices for agricultural produce.
• R (British Telecom & TalkTalk) v SoS for Culture ([2011] EWHC 1021 (Admin) & [2012] EWCA Civ 232): Challenge to the compatibility of the Digital Economy Act’s provisions directed at reducing the extent of illegal peer-to-peer file- sharing with EU law, including the Authorisation Directive, the E-commerce Directive, the Data Protection Directive, the Technical Standards Directive, and the principle of proportionality.
• Airport regulation: Advising on the compatibility with EU law of proposed changes to airport landing slot arrangements and charges intended to encourage domestic air routes into a hub airport.

Alan’s combination of expertise in competition and EU law, economic regulation, and public & administrative law makes him a popular choice for clients challenging or defending regulatory decisions or finding themselves under the microscope of regulatory investigations. He has been instructed by, or in relation to decisions of, all of the main UK competition and utilities regulators, and has gained detailed knowledge of the inter-relating technical and economic features of telecoms, energy, water, postal services and other regulated industries.

The telecoms regulation matters on which he has advised include: the General Conditions of Entitlement, Significant Market Power conditions, Competition Act investigations, Telecommunications Code disputes, dispute resolution under section 135 of the Communications Act, premium rate services regulation, telecoms ombudsman schemes, number portability, the E- commerce Directive, data privacy, the media ownership rules, cross border regulation issues, and notification under the Technical Standards Directive.

Alan has also acted both for and against the premium rate phone lines regulator Phonepay Plus, and also has experience of disputes under various industry codes of practice and ombudsman schemes.

Cases

• British Telecommunications Plc v Ofcom (Re: APCCs) ([2016] CAT 22): Representing Sky and TalkTalk in proceedings challenging an OFCOM dispute determination concerning ‘cost-oriented’ prices for onward routing of calls to ported landline phone numbers.
• R (May Lean) v OFGEM ([2017] EWHC 1360 (Admin), [2017] All ER (D) 78 (Sep)): Successful defence to challenge to OFGEM’s decisions in the context of ensuring compliance with energy suppliers’ duties to install energy saving measures.
• Energy trading: Advising OFGEM in relation to an investigation relating to a suspected breach of electricity trading rules.
• R (RWE) v Gas & Electricity Markets Authority ([2015] EWHC 2164 (Admin), [2016] 1 CMLR 636): Judicial review of OFGEM’s decision to approve changes to the way in which National Grid Electricity charges (a) renewable energy generators, and (b) conventional generators, for their use of the national electricity grid.
• TalkTalk Telecom Group Plc v Ofcom (Re: MPF New Provide): Instructed for Sky, intervening in a CAT challenge concerning the interpretation of BT’s regulatory duties to supply wholesale access to competitors on ‘fair and reasonable terms’.
• Telephone numbering: Advising a call handling company in a dispute regarding control of distinctive telephone numbers.
• Mobile phone spectrum: Advising a mobile phone network in relation to proposed challenges to the process for ‘liberalising’ radio spectrum for 4G mobile services.
• Investigatory powers: Advising a regulator in relation to the proposed imposition of a penalty on a regulated business for providing misleading information during an investigation.
• R (Clix Connex) v PhonepayPlus: Challenge to the lawfulness of Phonepay Plus’ imposition of a ‘prior permission’ requirement for the provision of certain types of information services accessed via premium rate phone numbers.
• Cheers Telecom v Phonepay Plus: Challenge to penalties imposed on an operator of premium rate phone lines in respect of revenues from mis- dialling by consumers wishing to call the ‘Big Brother’ TV voting lines.

Alan combines his thorough knowledge of public law with a pragmatic and client-focused approach, and a willingness to grapple with cases involving economic issues or a high degree of technical complexity.

He is a particularly sought-after choice for challenges to price control and other regulatory decisions turning on complex technical and economic issues, impact assessments or cost-benefit analysis. In the energy sector, for example, Alan has advised both energy companies (generators as well as suppliers) and OFGEM in relation to regulatory investigations and proposed penalties. His ability to combine knowledge of OFGEM’s regulatory rules and procedures with his deep knowledge of competition, EU and subsidy control law makes him a stand‑out choice for clients dealing with regulatory cases cutting across these areas.

Alan also has a particular interest in local government law and has advised public bodies on complex reorganisations of public services provision raising multiple legal issues including procurement, State aid, TUPE, local government, general public law, and equality impact assessment.

He has an easy familiarity with the Human Rights Act and the case-law of the European Court of Human Rights (including as applied in the commercial context), as well as with the protections of fundamental rights under EU law. He was a member of the expert panel commissioned by the UK Government to carry out a review of the Human Rights Act in 2021.

Alan has advised campaigning organisations on UK Parliamentary procedure and political lobbying strategies, drafted submissions to Parliamentary select and standing committees, and is familiar with the interactions between public law litigation, political campaigning and parliamentary processes.

Cases

Ranked in Competition Law – Chambers UK, 2024

European Law: “He knows his field well and he is insightful. He masters briefs quickly and has a really good court manner.” – Chambers UK, 2024

Public Procurement: “He’s rigorous and persuasive in his approach.” “He is incredibly versatile and has a good array of skills.” – Chambers UK, 2024

Telecommunications: “Alan is super bright and gets to the heart of the issues very quickly. He doesn’t lose momentum no matter how many years the litigation is ongoing.” – Chambers UK, 2024

Leading junior in Public Procurement: “Alan is very knowledgeable in the procurement area. He has a calm demeanour and methodical when providing advice.”  – Legal 500, 2024

Leading junior in Competition – Legal 500, 2024

Leading junior in European Law: “Alan is across all the strategic angles. His advocacy style is calm, collected and direct.”  – Legal 500, 2024

Leading junior in Telecoms (Regulatory) – Legal 500, 2024

Competition Law: “Alan is an all-rounder, who is technically astute and very knowledgeable about a range of areas. When I call the clerks he is the one I ask for.” – Chambers UK and Chambers Global, 2023

European Law: “He’s one of the brightest barristers I have come across. Very responsive and client-friendly.” – Chambers UK, 2023

Public Procurement: “An impressive barrister, who is very calm and always cheerful. He has an impressive mind and is always pleasant to work with.” – Chambers UK, 2023

Telecommunications: “Alan Bates is a very good strategist.” “His writing style is great and he can talk about difficult subjects in an accessible way.” – Chambers UK, 2023

Leading junior in Public Procurement: “Alan’s responsiveness, clarity of advice, quality of drafting and personable manner are his strengths.”  – Legal 500, 2023

Leading junior in Competition – Legal 500, 2023

Leading junior in European Law: “Alan has a first class knowledge of case law and impeccable judgement, borne of years being involved in cutting edge cases.”  – Legal 500, 2023

Leading junior in Telecoms (Regulatory): “Alan is very approachable and good at presenting the main issues in a clear and succinct manner.” – Legal 500, 2023

“Has vast experience acting for and against UK competition and sectoral regulators, as well as the European Commission in competition law infringement matters.” – Competition, Who’s Who Legal UK Bar 2022

Recommended in Government Contracts, Who’s Who Legal UK Bar 2022

“Gets straight to the point and grasps the complicated legal and economic issues very quickly.” – Telecoms, Who’s Who Legal UK Bar 2022

Competition Law: “He is a real fighter: he’s charming and has a polite manner but in court he does not take a step back.” “Clear at getting his point across.” – Chambers UK and Chambers Global, 2022

European Law: “Very responsive and personable, easy to get hold of and very bright.” – Chambers UK, 2022

Public Procurement: “Works collaboratively and is well respected and trusted by clients. He has a vast knowledge of procurement matters.” “Alan is very personable and highly strategic. He consistently identifies arguments that will be successful in court.” – Chambers UK, 2022

Telecommunications: “He is a very knowledgeable and very pragmatic barrister. His advice is simple and clear.” “He is carving out a growing reputation.” “He has a good style of advocacy which is very effective.” – Chambers UK, 2022

Leading junior in Competition: “Alan is tremendously knowledgeable and is able to simplify complex claims to boil down the key issues.” – Legal 500, 2022

Leading junior in European Law: “A very good lawyer, not least on EU law. Approachable and willing to go the extra mile. Concise and effective advocate.”  – Legal 500, 2022

Leading junior in Public Procurement: “Alan is very measured, and gives very practical advice. He gains the trust of clients quickly. He is not afraid to be frank with clients. He is a calm and considered advocate, unswayed by the other side or judicial intervention. His submissions are concise and focussed.” – Legal 500, 2022

Future Leader in Competition, Who’s Who Legal 2021

Competition Law: “He is great to work with and is someone you can rely on.” “He has an eye for detail and can stand back and see the broader landscape of the case.” – Chambers UK and Chambers Global, 2021

European Law: “Alan is fantastic: easy to work with, approachable, has a huge brain for complex areas of law and makes arguments very easily understandable.” – Chambers UK, 2021

Public Procurement: “Personable, strategic and someone who cuts through detail to identify arguments that will be successful in court.” “He gives good, pragmatic, commercial advice.” – Chambers UK, 2021

Telecommunications: “Provides really great advice in conference and superb representation in court. He delivers hard-hitting presentations without any grandstanding, and never acts anything other than courteously. Definitely a go-to person.” – Chambers UK, 2021

Leading junior in Competition: ‘‘He gets the points over to the court clearly and effectively.’’ – Legal 500, 2021

Leading junior in European Law: ‘‘Superlative knowledge of EU law. He wears his learning lightly and is able to explain highly intricate and complex areas of law in clear and accessible terms, to the benefit of clients, solicitors and judges alike!.’’ – Legal 500, 2021

Alan read Law at Christ’s College, Cambridge, graduating with first class honours. He was awarded the University’s Clive Parry Prize for Public International Law, the De Hart Prize for Public Law (re-awarded twice) and was a scholar of his college. He was subsequently awarded a Thouron fellowship at the University of Pennsylvania, where he obtained an LL.M. degree.

Alan’s previous experiences including:

• serving as Judicial Assistant to the then Senior Law Lord, Lord Bingham;
• working at the Law Commission of England & Wales on a project relating to the compatibility with the Human Rights Act 1998 of the approach taken by the criminal courts when deciding whether to grant bail;
• an attachment with an organisation in India conducting research funded by the UK Government on the enactment and enforcement of competition law in developing countries; and
• working on competition and regulatory disputes at New Zealand law firm Chapman Tripp (supported by a Pegasus scholarship).

Alan has previously served on the Bar Standards Board’s Education and Training Committee and is involved in supporting the student education and pro‑diversity activities of his Inn of Court (Middle Temple). He was appointed as a Deputy High Court Judge in 2023.

He is a CEDR Accredited Mediator.

Outside work, Alan’s interests include independent travel and learning to play the violin. He is a governor of a primary school and a trustee of a social care charity.