Utilities Law Review - Volume 20 - Issue 5

Is Government Access to Your Communications Data Lawful?
The Decision of the DivisionalĀ 
Court in Davis v Home Secretary
Michael H Ryan
Partner, Arnold & Porter (UK) LLP

In July 2015, the Divisional Court declared that the law requiring UK communications service providers to retain communications data of their customers so that it is available to law enforcement and national security authorities is incompatible with EU law. The judgment adds to pressure on government to reform the present data retention regime in a manner that affords greater protection to personal privacy. This article provides a critical examination of the judgment and views on the issues that the UK Government must now address in replacement legislation in order to establish a legally-compliant data retention regime.

Super-complaints: What They Are, How They Work and How They Affect the Utilities Sector
Caroline Thomas
Norton Rose Fulbright LLP

In light of the recent super-complaint made in relation to supermarket pricing practices, this article discusses the legal framework and policy rationale for super-complaints and their use in practice, with a focus on the possible effect of super-complaints in the utilities sectors. In particular, we highlight two scenarios where super-complaints may be most likely, and conclude with some recommendations for businesses.

Case Comments
Court of Justice of the European Union Clarifies Jurisdictional Issues in Cartel Damages Claims
Sari Rasinkangas
Roschier Attorneys Ltd

The Court of Justice of the European Union's judgment of May 2015 on the application of the Brussels I Regulation in cartel damages claims clarifies certain jurisdictional issues relevant for damages claims concerning cross-border cartels. The judgment addresses centralisation of proceedings against several cartelists residing in different Member States, the jurisdictions available to plaintiffs and the applicability of jurisdiction clauses in contracts concluded between cartelists and injured parties. This article briefly examines the judgment and its practical implications.

Court of Appeal narrows the CMA's Merger Review Jurisdiction in the Eurotunnel Case
Stephen Wisking and Kristien Geeurickx
Herbert Smith Freehills LLP

The Court of Appeal in the Eurotunnel case has highlighted the uncertainty as to the precise scope of the CMA's merger control jurisdiction. The CMA has been granted permission to appeal to the Supreme Court so it remains to be seen whether the Court of Appeal's interpretation of the concept of an enterprise will stand.

Decision of 6 February 2015 by the Maltese Court of Appeal (Superior Jurisdiction) in Melita Cable Case
Paul Edgar Micallef
Senior Visiting Lecturer, University of Malta

This decision relates to the charging of fees under the Maltese Right of Way for Utilities and Services (Fees) Regulations......

Judgment dated 21 April 2015 given by the First Hall of the Civil CourtĀ (Constitutional Jurisdiction) in Federation of Estate Agents v Direttur Generali (Kompetizzjoni)

As a result of this judgment the legality of utility regulators in Malta to impose substantial administrative fines on non-compliant undertakings is put in doubt.