The claimant, Wales and West Utilities Ltd, sought permission to challenge by judicial review aspects of a decision of the Competition and Markets Authority from GEMA’s RIIO-2 price control decision. The High Court had never previously considered such a challenge, which concerned the prices gas distribution networks are permitted to charge to energy suppliers. In a reasoned judgment, the High Court has held that none of the grounds for challenging the CMA’s decision was arguable.
The judgment is available here.
Tom Hickman KC acted for the
Competition and Markets Authority
Daniel Cashman and Natasha
Simonsen acted for GEMA