On 23 August 2018, the UK government published a  notice, committing the UK to a continued application of state aid rules even in the event of no deal being agreed with the EU on the UK’s withdrawal. The notice explains how EU state aid rules would be transposed into UK domestic legislation. The Competition and Markets Authority will take the role of enforcement and supervision for the whole UK and the rules will apply to all sectors and all businesses with operations in the UK – whether UK, EU or third country based. UK businesses and EU businesses with operations in the UK will still be able to receive state aid from UK public authorities in accordance with the UK state aid rules.

This notice is one of a first round of 25 technical notices advising businesses and citizens on how to mitigate and plan the consequences if the UK and the EU do not reach a deal by Brexit day. These “no-deal” notices are a first part of 80 technical notices to be expected in the coming weeks and cover  a broad range of areas.

Photo of Kevin Coates Kevin Coates

Kevin Coates advises clients on strategic antitrust and other government investigation issues drawing on twenty years of public sector experience in the Directorate-General for Competition of the European Commission (“DG COMP”) and ten years of private sector experience as in-house counsel and in…

Kevin Coates advises clients on strategic antitrust and other government investigation issues drawing on twenty years of public sector experience in the Directorate-General for Competition of the European Commission (“DG COMP”) and ten years of private sector experience as in-house counsel and in private practice.

Kevin advises on all aspects of EU, UK and international competition law, including abuse of dominance, cartels and leniency, mergers and compliance, as well as related EU regulations such as the Digital Markets Act (DMA) and Digital Services Act (DSA). He has extensive experience in technology, software and e-commerce sectors.

Kevin worked in the Directorate General for Competition (DG COMP) of the European Commission for twenty years, including seven years reporting directly to the Director General, and nearly ten years as a head of unit, latterly as Head of a Cartel Unit. While working for the Director General he advised on case, policy and communications issues, worked closely with the Competition Commissioner and their Cabinet, and was one of the team that produced the Guidance on Enforcement Priorities under Article 102.

Kevin also 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.

He co-wrote the IP and the telecoms and media chapters in Faull & Nikpay’s “EC Law of Competition,” and is the author of “Competition Law and Regulation of Technology Markets” published by Oxford University Press in 2011. He was a Hauser Global Fellow at NYU School of Law in 2009/2010.

Drawing on his substantive antitrust experience in government and private practice, Kevin counsels clients on business-critical issues. He is known for combining a deep knowledge of the law with an ability to communicate clearly and convincingly.

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