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The High Court has dismissed a judicial review challenge by Wales & West Utilities Ltd (WWU) against a decision of the Competition and Markets Authority (CMA), acting as the first instance appeal body, to dismiss appeals by a number of energy companies against Ofgem’s RIIO-2 price controls.
This is the first time the High Court has considered the CMA’s appellate function under the Gas Act 1986. In rejecting all of WWU’s grounds of challenge, the Court has provided important guidance on the standard of review to be adopted by the CMA and the statutory duties applicable to both the CMA and Ofgem.
Ben Lask KC acted for the CMA.
A copy of the Judgment can be found here.