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CMA clarifies approach to licence modification appeals


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.