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The Competition Appeal Tribunal has issued its judgment on a preliminary issue in the class action Spottiswoode v Nexans and Ors [2025] CAT 68.
In May 2024, Clare Spottiswoode CBE was authorised to act as the class representative for electricity consumers in collective proceedings against several power cable companies. The proceedings seek to recover damages for losses flowing through to electricity bills in Britian from the power cables cartel identified by the European Commission in 2014. One aspect of Ms Spottiswoode’s claim, which accounts for a substantial proportion of the overall loss claimed, is the allegation that, as a result of the cartel, offshore windfarms paid increased prices for high-voltage power cables, which were then passed on to electricity suppliers (and ultimately consumers) via a Government scheme which sought to incentivise the generation of energy from renewable sources (the Renewables Obligation Scheme). In particular, Ms Spottiswoode claims that two specific banding decisions in 2010 and 2013 under the Scheme were impacted by the alleged cartel overcharge, with the result that the cost of the ROC regime to UK electricity consumers was increased as a result of the cartel.
The CAT’s judgment follows a three-week trial that took place in May 2025 and focused on the impact of the alleged overcharge on the 2010 banding decision. It finds that, even if cable prices were higher by (an assumed) 26% as a result of the cartel, the 2010 banding decision would not have been any different absent that overcharge and therefore the cost to consumers from that decision would have remained the same.
Ben Lask KC acts for the class representative.
Fiona Banks acts for one of the Defendants, Prysmian.