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MA Law (Cambridge) First Class; LLM (Pennsylvania) Thouron scholar
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‘‘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
“He is creative and is effective at coming up with good arguments to take on the regulator. When there is going to be a scrap, he’s often on the top the list of those you’d like to instruct.” – Chambers UK, 2019
Alan specialises in competition, procurement, public/administrative and EU law. The legal directories rank him as a leading junior in competition, EU and telecoms law.
Alan has particular experience in dealing with complex regulatory disputes involving combinations of public and EU law and economic issues. He has acted both for and against all the main UK competition and sectoral regulators and the European Commission in cases concerning competition law infringements, regulatory investigations and consumer protection.
He is also playing a leading role in the development of the UK’s competition law private damages regime under the changes introduced by the Consumer Rights Act 2015. He recently led the defence team in the Gibson v Pride Mobility case, resisting the first ever application in the UK for a collective proceedings order to permit an ‘opt-out’ class action for recovering consumer losses alleged to have arisen from a competition law infringement.
Alan is also regularly instructed in procurement law proceedings (both for claimants and for contracting authorities/utilities). His experience includes claims arising under the Utilities Contracts, Defence Contracts, and Concessions, Regulations.
He has a particular interest in State aid law, and is the author of the State aid chapter of Bellamy & Child European Union Law of Competition and the ‘compatibility of aid’ chapter in European Union Law of State Aid.
Alan also has extensive experience in Administrative Court proceedings involving EU law issues, including compatibility with EU directives, equal treatment, proportionality and notification under the Technical Standards Directive. He is regularly instructed to appear on behalf of the UK Government in proceedings in the EU Court of Justice.
Alan’s competition law practice includes both challenges to regulatory decisions, and bringing and defending private damages claims. In advising and representing his clients, he draws on a wealth of accumulated experience of working for both commercial enterprises and regulators in UK and EU competition law matters. He has acted for and/or 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.
His extensive experience of litigation in the UK Competition Appeal Tribunal and High Court includes challenges to: infringement and penalty decisions under the Competition Act; regulatory decisions concerning ‘significant market power’ determinations and price controls; and final remedies decisions reached at the conclusion of market investigations.
Alan is also regularly instructed in competition law proceedings in the EU General Court.
He is also instructed to bring, and to defend, private damages claims relating to competition law infringements, and is playing a leading role in the development of the UK’s competition law private damages regime under the changes introduced by the Consumer Rights Act 2015.
His deep experience of both regulatory investigations and private damages claims makes him well placed to assist enterprises from the start of a regulator’s inquiries into an alleged competition law infringement, any subsequent challenges to the regulator’s decisions, and right through to any subsequent private damages claims. He believes that, from the time when a regulator begins making inquiries, it is vital to ‘think forward’ to any possible private damages claims in order to make the right strategic decisions for limiting the client’s overall exposure.
Alan is a contributor to Bellamy & Child European Law of Competition and has written for the Competition Law Journal. He has a particular interest in the potential for competition law and sectoral regulation to contribute to poverty reduction strategies in less developed countries, and advised the Government of Malaysia on the drafting of its competition legislation.
Recent work and significant cases include:
“Alan is tremendously knowledgeable and is able to simplify complex claims to boil down the key issues.” – Legal 500, 2022
“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
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, reorganisations 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.
He also has a particular interest in the application of EU procurement principles to projects carried out by private sector entities but supported by EU funds. This is an area in relation to which his combination of procurement expertise with deep knowledge of the State aid rules is a strong advantage.
Recent work and significant cases include:
“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
“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
Alan is one of the very small number of London Counsel with a thorough knowledge of EU State aid law and procedure. He is the author of the State aid chapter in the current edition of Bellamy & Child European Law of Competition (having co-authored the same chapter in the previous edition), as well as of the ‘compatibility of aid’ chapter in Bacon, European Union Law of State Aid.
As well as litigating State aid cases in both the English and EU courts, Alan has provided advice in numerous State aid matters, to clients who have included UK government departments, local authorities, lottery fund distributors, aid recipients, and complainants about unlawful aid. The industry sectors covered by his work in this field have included transport, public broadcasting, aviation, healthcare, telecoms, banking, social care, tourism, community services, and energy.
Alan has written for the journal European State Aid Law Quarterly and previously served as UK rapporteur for the European State Aid Law Institute.
Recent work and significant cases include:
“He is our counsel of choice for state aid matters – he is extremely knowledgeable, practical and offers authoritative guidance” – Chambers UK, 2018
Alan frequently advises on matters involving complex points of European Union law, including in the contexts of environmental protection, free movement of goods and services, data rights, State aid, fundamental rights, employment, discrimination and taxation. He is particularly interested in the potential for EU law to be relied upon before the English courts to protect fundamental rights in situations where reliance on the Human Rights Act alone would not provide an adequate remedy.
As well as acting for private sector organisations in both English and EU court proceedings, Alan is regularly instructed to represent the United Kingdom in proceedings in the EU Court of Justice. He is also instructed to represent the European Commission. This breadth and depth of experience of EU litigation benefits all the clients for whom he works.
Alan is on the editorial board of the journal European Advocate and previously served on the Bar Council European Law Committee.
Recent work and significant cases include:
“A very good lawyer, not least on EU law. Approachable and willing to go the extra mile. Concise and effective advocate.” – Legal 500, 2022
“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
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.
In the energy sector, 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 State aid law makes him a stand out choice for clients dealing with regulatory cases cutting across these areas.
Recent work and significant cases include:
“He delivers hard-hitting presentations without any grandstanding, and never acts anything other than courteously. Definitely a go-to person.” – Chambers UK, 2021
“An extremely likeable advocate who is clear and concise.” “He is responsive, insightful, easy to work with, collaborative and intellectually superior.” – Chambers UK, 2020
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.
He 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.
Alan 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. From 2000-2001 he worked at the Law Commission, auditing the compatibility of legislation with the European Convention on Human Rights, contributing to guidelines that were subsequently issued to judges in advance of the coming into force of the Human Rights Act.
He is also familiar with the interaction between public law litigation, political campaigning and parliamentary processes. He has advised campaigning organisations on UK Parliamentary procedure and political lobbying strategies, and has drafted submissions to Parliamentary select and standing committees. He recognises that judicial review proceedings are often only part of a client’s wider political or commercial strategy, and is keen to work with clients to develop a multi-pronged approach that is best adapted to achieve their objectives.
Recent work and significant cases include:
Alan’s experience in this growing area of legal practice spans the protection of personal data, access to public sector information, and freedom of information. He has advised both public authorities and commercial organisations on a wide range of data protection issues, including data storage, cross-border data sharing, the Data Retention Directive, the Privacy and Electronic Communications Regulations, and Data Protection Act requests. Alan also has considerable experience of litigating freedom of information disputes in the First-tier and Upper Tribunals.
As well as having expertise in information law itself, Alan is also familiar with related private and human rights law rules, including the common law duty of confidence, the Aarhus Convention on public participation relating to the environment, statutory bars to disclosure, and the right to private life under Article 8 ECHR.
He has provided training for commercial organisations and NGOs on compliance with the General Data Protection Regulation, and on how to make most effective use of the Freedom of Information Act, the Environmental Information Regulations, and the right to request documents from the EU under Regulation 1049/2001.
Recent work and significant cases include:
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
Leading junior in Public Procurement: ‘‘Tenacious on his feet. His advice is always very clear, user-friendly and timely. He is a pleasure to work with and has a good ability to deliver difficult advice and offer pragmatic solutions.’’ – Legal 500, 2020
“Impresses market commentators with his adept handling of competition and procurement-related disputes.” – Telecoms, Who’s Who Legal UK Bar 2020
Competition Law: “Always has in mind what the client is trying to achieve and how he can help them to achieve that goal.” “He is a tenacious advocate.” – Chambers UK and Chambers Global, 2020
European Law: “He is a very intelligent lawyer” who “has been practising in the area for a long time.” – Chambers UK, 2020
Public Procurement: “Alan is very pragmatic and commercial. He is very responsive and turns instructions around quickly.” “Alan is an excellent lawyer. He is very approachable and provides comprehensive, practical advice and guidance which can be easily understood by non-lawyers.” – Chambers UK, 2020
Telecommunications: “An extremely likeable advocate who is clear and concise.” “He is responsive, insightful, easy to work with, collaborative and intellectually superior.” – Chambers UK, 2020
Leading junior in Competition: ‘‘He gets the points over to the court clearly and effectively.’’ – Legal 500, 2020
Leading junior in Public Procurement: ‘‘He has a good eye for details and gets the points over to the court clearly and well.’’ – Legal 500, 2020
“Has significant expertise in acting for or against major economic regulators in the EU in relation to complex competition damages claims cases” – Competition, Who’s Who Legal UK Bar 2019
“Very much in demand” for his impressive expertise in telecoms disputes, which spans related regulatory and competition law matters” – Telecoms, Who’s Who Legal UK Bar 2019
Competition Law: “Goes out of his way to serve the client’s interests, is very good on his feet and understands the client’s objectives.” – Chambers UK and Chambers Global, 2019
Telecommunications: “He has quite a self-effacing personal manner, but that manner is coupled with a surprising degree of assertiveness.” “He is creative and is effective at coming up with good arguments to take on the regulator. When there is going to be a scrap, he’s often on the top the list of those you’d like to instruct.” – Chambers UK, 2019
Leading junior in Competition: ‘‘Bright, good on his feet, hardworking and reliable, commercial; excellent all round.’’ – Legal 500, 2018
Leading junior in Public Procurement: ‘‘He is a consummate professional, high performing and very commercial.’’ – Legal 500, 2018
Competition Law: “He is our counsel of choice for state aid matters – he is extremely knowledgeable, practical and offers authoritative guidance.” – Chambers UK, 2018
Telecommunications: “Alan is wonderfully likeable and has an easy manner; he is quietly impressive.” – Chambers UK, 2018
Leading junior in Competition: ‘‘An exceptional performer with a winning personality.’’ – Legal 500, 2017
Competition Law: “He gives extremely good advice and delivers it in a user-friendly way.” – Chambers UK, 2017
Telecommunications: “He’s really intelligent but very unassuming; it’s very interesting seeing him as an advocate. He has a diffident manner but is actually extremely forceful.” – Chambers UK, 2017
Leading Junior in EU and Competition: ‘‘He thinks of every angle to provide well-balanced and measured advice.’’ – Legal 500, 2016
Competition Law: “He’s extremely commercial, very knowledgeable and tactically adept.” “A very impressive barrister who manages to cut through things extremely quickly.” – Chambers UK & Chambers Global, 2016
Telecommunications: “He has a very nice manner with both clients and his instructing solicitors. He’s a very good team player and has a very good grasp of both the economic and legal principles behind competition law.” “On his feet he has a persistence about him.” – Chambers UK, 2016
”Although softly spoken, his words punch hard.” Leading Junior in EU and Competition law. Legal 500, 2015
Competition Law: “He is very knowledgeable and always extremely well prepared.” “He speaks plain English and gives incredibly clear advice.” – Chambers UK, 2015
Telecommunications: “He has a terrific manner and is super-smart – he brings something new to every case.” – Chambers UK, 2015
‘Incredibly bright and clear thinking.’ Alan is recommended as a leading Junior in Competition and EU Law – Legal 500, 2014
Alan Bates is listed as an up & coming Junior in Competition Law: Sources attest to his increasing profile in the competition arena. Recently he has acted on behalf of competition regulators, and also resisted appeals on behalf of the EC. “Very nice to work with and highly responsive,” he is “highly knowledgeable when it comes to competition issues, and client-friendly.” Chambers UK, 2014
Alan Bates is listed as an up & coming Junior in Telecommunications: Has sound knowledge of relevant statutes such as the Telecommunications Code and Communications Act. Acts in and advises on regulatory appeals. “Gives good, clear advice.” Chambers UK, 2014
“The ‘super-bright‘ Alan Bates”, is recommended as a leading Junior in EU & Competition Law. Legal 500, 2013
Alan Bates “is viewed as being first rate for someone so relatively junior. A lawyer of great thoroughness, he is praised for the insight into the telecoms industry he gained when being placed on secondment to Ofcom. He played a lead role in the team acting for the regulator in the high-profile mobile call termination case brought by Everything Everywhere.” Chambers UK, 2013
“Another junior impressing market commentators is Alan Bates, whose “understanding of UK competition law and the mindset of the OFT is excellent.” He juniored to Daniel Beard QC on behalf of the Competition Commission when defending a challenge brought by BAA before the CAT. He also represented the European Commission as sole counsel against an appeal brought by British Airways.” Chambers UK, 2013
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 be obtained an LL.M. degree in 2002. The Middle Temple awarded him a Queen Mother scholarship for his year at Bar School.
For the judicial year 2004-05, Alan was Judicial Assistant to the then Senior Law Lord, Lord Bingham. He has also worked at the Law Commission of England & Wales on a project relating to the coming into force of the Human Rights Act 1998, and interned with an organisation in India that was conducting DFID-funded research on the enactment and enforcement of competition law in developing countries.
In 2006, Alan was awarded a Pegasus scholarship which enabled him to spend a period working on competition and regulatory disputes at leading New Zealand law firm Chapman Tripp and also seeing the work of the NZ Commerce Commission.
He is a strong believer in the need for the Bar to be modern, meritocratic, user-friendly and diverse, while staying true to its ethics and values, and he has sought to further that belief through membership of the Bar Standards Board’s Education & Training Committee and other Bar committees.
Outside work, Alan’s interests include independent travel and learning to play the violin. He is a governor of a London primary school and a trustee of a think-tank and an animal welfare charity.
Education
