News

CMA clarifies approach to licence modification appeals

29/06/17, EU/Competition

Firmus Energy (Distribution) Ltd. v. Northern Ireland Authority for Utility Regulation

The Competition and Markets Authority (“CMA”) has delivered its final determination in the first appeal of a licence modification decision under the Gas (Northern Ireland) Order 1996. The framework applied to such appeals is materially the same as applies to other regulatory appeals to the CMA and so the determination is of broader interest. In particular, the CMA sets out eight principles guiding its assessment of whether a decision under appeal is wrong (para. 3.20) and gives further detail on when it considers an accumulation of small errors to be sufficiently material to justify allowing an appeal (paras. 3.22-3.26).

The CMA’s final determination is available here.

Gerard Rothschild acted for the Northern Ireland Authority for Utility Regulation, instructed by Gowling WLG.

« Back to news listings


About cookies on our website

Following a revised EU directive on website cookies, each company based, or doing business, in the EU is required to notify users about the cookies used on their website.

Our site uses cookies to improve your experience of certain areas of the site and to allow the use of specific functionality like social media page sharing. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended.

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)