The High Court has today handed down judgment on a judicial review challenge brought by Wales & West Utilities Ltd (WWU) against the Final Determination by the Competition and Markets Authority (CMA) of appeals brought by WWU and other energy companies in respect of Ofgem’s RIIO-2 price control determinations. The JR claim was the first such challenge to a price control appeal decision of the CMA.
The Court has dismissed WWU’s challenge. Among other things, the judgment provides guidance as to the standard of review to be applied by the CMA on such appeals and addresses the proper interpretation of the Financing Duty in section 4AA(2)(b) of the Gas Act 1986.
Rhodri Thompson KC, Zoe Leventhal KC and Florence Iveson represented WWU at the hearing, instructed by Gowling WLG (UK) LLP; Sarah Hannett KC and Katy Sheridan also acted for WWU at an earlier stage in the proceedings.
Christopher Brown, together with counsel from Monckton Chambers and Maitland Chambers, represented the CMA, instructed by the CMA Legal Service.
The judgment can be found here.