Ofgem had provided an adequate statement of reasons for its decisions, in particular in the context of the CMA’s market investigation and the introduction of a standard licence condition. It also rejected npower’s claims that Ofgem had been pursuing an improper purpose in directing the collective switching trial. Provided that it was being done in the context of addressing the lack of consumer engagement, it was not an improper purpose to wish to address this by achieving consumer switching.
Jessica Simor QC and Zoe Leventhal were involved in this case.