MA Law (Cambridge); LLM (Pennsylvania); CEDR Accredited Mediator
MA Law (Cambridge); LLM (Pennsylvania); CEDR Accredited Mediator
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Alan is ranked in the legal directories as a leading junior in competition, public procurement, EU, and telecoms law.
Much of his work consists of competition, regulatory and public procurement disputes involving both complex economic issues and difficult technical points of law (including EU law). He has acted both for and against all the main UK competition and sectoral regulators and the EU Commission. He was appointed a Deputy High Court Judge in 2023, sitting in the Administrative Court and the Technology & Construction Court.
Alan has played a leading role in the development of the UK’s competition law private damages regime. He led the defence team in resisting the first ever application for a Collective Proceedings Order (Gibson v Pride Mobility) and, since then, has been instructed in many collective actions. For example, he is Lead Counsel for a group of claimants in the ‘Second Wave’ Trucks proceedings and for Bittylicious in the ongoing BSV Claims v Bittylicious cryptocurrency competition law ‘opt-out’ collective action case.
He 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, as well as the Public Contracts Regulations.
Alan’s publications have included chapters in practitioners’ texts such as Bellamy & Child European Union Law of Competition and European Union Law of State Aid. He is a co-author of Blackstone’s Guide to the UK Internal Market Act and was a member of the expert panel appointed by the UK Government to carry out a review of the Human Rights Act.
“He’s one of the brightest barristers I have come across. Very responsive and client-friendly.” “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
“Alan has a first class knowledge of case law and impeccable judgement, borne of years being involved in cutting edge cases.” – 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.” “Gets straight to the point and grasps the complicated legal and economic issues very quickly.” – Who’s Who Legal UK Bar 2022
“He is a real fighter: he’s charming and has a polite manner but in court he does not take a step back.” “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
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 (6th and 7th 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.
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.
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.
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.
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.
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:
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.