Tom's practice focuses on competition and EU, public and regulatory, and commercial law. He has extensive experience of competition and regulatory litigation in a variety of sectors. In recent years, he has been involved in high-value and leading cases in these areas, including in the CJEU, Supreme Court, Court of Appeal, High Court and Competition Appeal Tribunal. Notable recent cases include:

  • The Merchant Interchange Fee Umbrella Litigation in the Competition Appeal Tribunal.
  • The Trucks follow-on damages litigation in the Competition Appeal Tribunal.
  • Gormsen v Meta - the renewed application for a collective proceedings order in the Competition Appeal Tribunal alleging an abuse of dominance by Meta in relation to the collection of "off-Facebook" data.
  • Hunter v Amazon - an application for a collective proceedings order in the Competition Appeal Tribunal alleging abuse of dominance by Amazon in relation to the operation of its "buy box".
  • Riefa v Apple and Amazon - an application for a collective proceedings order in the Competition Appeal Tribunal alleging an anti-competitive agreement regarding the sale of Apple Products on Amazon.
  • British Airway's appeal to the CJEU resulting from the Commission's Air Cargo cartel decision.
  • Standalone abuse of dominance proceedings in the High Court in eircom (UK) Ltd v British Telecommunications plc and On The Beach Ltd v Ryanair DAC.
  • In the energy sector, the RIIO ED2 and RIIO 2 appeals price control appeals brought by electricity and gas transmission and distribution companies.
  • In the aviation sector, a major representative class action in the High Court against British Airways and easyJet in respect of millions of flight compensation claims; and Bott & Co Solicitors v Ryanair DAC [2022] UKSC 8 (a leading judgment defining in a modern context the scope of the solicitor's equitable lien).

Other recent highlights of Tom's public law practice include acting for a major property developer in connection with DLUHC's controversial cladding remediation scheme, advising a global bank on regulatory issues following the shutdown of the London Metal Exchange's nickel market, and acting in substantial judicial reviews for central government concerning the alleged corrupt diversion of international aid, the implementation of CJEU judgments (with associated Francovich issues), and badger culling.

Tom is recognised by both of the independent legal directories, Chambers & Partners and Legal 500, as a "leading junior" or "up and coming". Recent quotes include:

  • "A real rising star, Tom combines intellectual brilliance, crisp advocacy, and strategic and tactical awareness beyond his year of call."- Legal 500, 2024
  • "He has excellent commercial awareness and a fantastic ability to get up to speed quickly, and he offers a very high level of service."- Chambers & Partners, 2024
  • "Tom Coates is incredibly responsive. He can see the issue very quickly. He is very willing to get involved with the hard work."- Chambers UK, 2023
  • "Tom is simply excellent – extremely thorough in his advice, full of practical solutions and a talented advocate."- Legal 500, 2023

Tom is a member of the Attorney General's B panel of counsel. He has also been called to the Irish Bar and is a member of the Law Library, and so is able to accept instructions to appear before EU Courts. 

Experience

Shortlist

Competition

Tom has significant experience of competition law. He has been involved in a wide range of important cases in the area before the High Court, CAT and the CJEU. 

Tom has been or currently is instructed in standalone and follow-on damages actions in the High Court and CAT (including Interchange, Trucks and Air Cargo), standalone abuse of dominance proceedings in the High Court (eircom v BT and On The Beach v Ryanair), appeals against infringement decisions in the CJEU and CAT, private High Court claims alleging breach of merger undertakings and public law cases involving unlawful subsidy and Francovich issues.

Tom has been involved extensively in collective proceedings against tech giants in the CAT. He is currently acting for the proposed class representatives in Gormsen v Meta, Hunter v Amazon and Riefa v Apple and Amazon.

Tom further has experience in price control matters, appearing in the RIIO ED1, RIIO 2 and RIIO ED2 energy price control appeals before the CMA. 

Tom has also advised a wide range of sports bodies on competition law issues.

Tom was called to the Bar of Ireland in 2020 and is a member of the Law Library (and so is able to accept instructions to appear before EU Courts).

Cases

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Public & Regulatory

Tom has a general public law practice, appearing for both claimants and defendants in judicial review and other administrative proceedings. He is a member of the Attorney General's B panel of counsel. 

He has particular experience of regulatory issues in various sectors (including energy, telecommunications, aviation and higher education). 

In the energy context, he has advised or represented both regulators (including Ofgem and the Oil and Gas Authority) and businesses in relation to high-profile energy issues such as the RIIO ED2, T2 and GD2 price controls, the domestic energy price cap, the offshore transmission regime, smart-metering, and fracking. 

In the higher education context, Tom has appeared for the Office for Students in the first challenges brought against its new regulatory regime under the Higher Education and Research Act 2017 in the High Court and Court of Appeal.

In the telecommunications context, Tom has advised or represented both Ofcom and businesses in relation to Chapter I and Chapter II infringement and stand-alone proceedings, consumer enforcement matters, spectrum award issues, consumer protection enforcement proceedings and annual licence fees. 

As part of his aviation practice, Tom has further represented airlines in regulatory enforcement proceedings brought by the Civil Aviation Authority, the Competition Markets Authority and in a judicial review of the Civil Aviation Authority.

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EU Law

Tom has significant experience of EU law. He has been involved in a wide range of important cases in the area before the High Court and the CJEU. 

As part of his aviation practice, Tom has been instructed in several preliminary references to the CJEU concerning aspects of EU aviation law, including flight delay compensation and optional price supplements. He is also currently representing British Airways in its appeal against the Commission's cartel infringement decision in Air Cargo.

Recently, Tom has advised in relation to EU and UK sanctions imposed on Russia following the outbreak of war in Ukraine. 

Tom was called to the Bar of Ireland in 2020 and is a member of the Law Library (and so is able to accept instructions to appear before EU Courts).

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Commercial

Tom has been involved in a wide range of commercial cases in the Commercial Court, Chancery Division and arbitration proceedings. He has experience in areas such as fraud, asset recovery, and injunctive relief. He is instructed both as sole counsel and as part of a wider team.

Tom appeared in the Supreme Court in Bott & Co Solicitors Ltd v Ryanair DAC [2022] UKSC 8, a case which defined the scope of the solicitor's equitable lien in a modern context. In 2021, he appeared in a three-week commercial trial in the Chancery Division (in a dispute concerning the extent of two consultants' shareholdings in a telecommunications company), which settled before completion.

Tom further has experience of group and managed litigation, including the major representative proceedings in the High Court against BA and easyJet in respect of the millions of flight compensation claims, the mobile telephone voicemail interception litigation (the "phone-hacking" litigation) and the construction industry vetting information litigation.  

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Energy

Tom has significant experience in the field of energy regulation. Since spending 5 months on secondment to Ofgem in 2015, Tom has been involved in many of the leading cases in the area. These include the RIIO ED1 and RIIO GD2, T2 and ED2 price controls, in which he successfully represented Ofgem, enforcement proceedings against energy suppliers in respect of smart metering obligations, a major judicial review brought by British Gas against the domestic energy price cap, and a judicial review of the Oil and Gas Authority relating to the decommissioning of fracking assets.

Tom frequently advises both Ofgem and regulated companies on various aspects of the UK energy regulatory scheme. Recently, he has advised extensively in relation to the offshore wind regime. He has also advised clients in relation to matters such as smart metering, regulated governance issues, renewables incentives and the connections scheme. 

Cases

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Telecommunications

Tom has been involved in a range of telecommunications cases, advising and representing MNOs and other entities in the sector on regulatory and other matters. In 2022, he appeared in a regulatory appeal brought by CityFibre Ltd against a decision by Ofcom relating to Openreach's SMP conditions, and a private law competition and Communications Act 2003 claim brought by eircom against BT. He has also recently represented a telecommunications company in a Chapter I infringement investigation brought by Ofcom. Recently, he has represented Ofcom in the Competition Appeal Tribunal in consumer protection enforcement proceedings and in the High Court and Court of Appeal in relation to the auction of the 2.3 and 3.4 GHz spectrum. 

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Sport

Tom has gained a wide experience of sports cases before a variety of tribunals. He has been involved in disputes between sports clubs and owners, before sports disciplinary panels, and between clubs or individuals and regulators. He recently appeared in the Court of Arbitration for Sport for the International Association of Athletics Federations in a disciplinary case concerning the corruption of officials of a member federation. Tom has particular experience of advising sports governing bodies on competition law issues (for example regarding match allocations and broadcasting rights).

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Civil Liberties & Human Rights

As part of his public law practice, Tom regularly appears in cases raising human rights issues in the Administrative Court and Court of Appeal. He recently appeared in High Court proceedings concerning the scope of the concept of "possessions" for the purposes of A1P1 and regulatory proceedings concerning the right to a fair trial in the context of complaints of sexual harassment. He has been instructed by clients in relation to applications to the European Court of Human Rights in Strasbourg. He has also advised central government on the proper implementation of judgments of the European Court of Human Rights.

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Media & Entertainment

Tom has been instructed in a range of cases in the field of media, entertainment and technology and has appeared in IPEC and Chancery Divison proceedings. His experience includes commercial disputes concerning licensing agreements, agency, and copyright, as well as regulatory matters. 

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Achievements

Education

Classics (BA Hons, Oxon): First Class (fifth in year); Graduate Diploma in Law (City): Distinction; BPTC (Kaplan): Outstanding.

Prizes & Scholarships

  • Prince of Wales Scholarship (Gray’s Inn)
  • The Times Law Prize (Second Place) (The Times/One Essex Court)
  • David Karmel Award (Gray’s Inn)
  • Henry Wilde Prize (for the top mark in philosophy papers in Finals across all Honours Schools including philosophy) (University of Oxford)
  • Invitation to sit the All Souls Prize Fellowship Exams (University of Oxford)
  • Comparative Philology Prize (University of Oxford)
  • Scholar of New College (University of Oxford)


Prior to joining Chambers, Tom worked in the office of capital defence attorney in Houston, Texas, assisting clients facing the death penalty. While in Texas, Tom observed and participated in a full capital murder trial, in which his client escaped the death penalty. 

Before coming to the Bar, Tom worked as a Classics teacher of students aged thirteen to eighteen at Westminster School.

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