Utilities Law Review - Volume 21 - Issue 4

The Effects of President Trump's Reversal of President Obama's Climate Policies are Greatly Exaggerated
Richard J. Pierce, Jr

In this opinion piece Professor Pierce explains why President Trump's order to repeal President Obama's Clean Power Plan will have none of the good or bad effects that many have attributed to it. Fracking of shale gas formations has already enabled the United States to outperform the rest of the world by reducing dramatically US emissions of CO2 while the rest of the OECD was increasing emissions.

Issues Arising from the United Kingdom's Exit from Euratom
Silke Goldberg and Shekar Sumit Herbert Smith Freehills LLP

In this article, the authors analyse the decision of the UK Government to withdraw from Euratom as part of the Brexit process and argue that the withdrawal from Euratom ('Brexatom') is based on politics rather than law. The authors argue that in view of the fact that government has given notice of its intention to withdraw from Euratom without having secured replacement arrangements, there is a risk of no acceptable replacement arrangements being agreed within the two-year notice period, which may affect the government's negotiating strength in the overall Brexit discussions and create uncertainty for the industry.

Ofgem, Reforming Regulation and Vulnerability
Cosmo Graham Leicester Law School, University of Leicester

This article provides the context for, a description of and analysis of Ofgem's proposal to introduce an enforceable vulnerability principle into the energy supply licence. The new principle will require energy suppliers to put in place policies and processes which will allow them to identify customers in vulnerable situations and to ensure that the suppliers take this information into account when making decisions. The article argues that the implementation and enforcement of this obligation will be challenging for the suppliers and Ofgem, respectively

Case Comments 
The CMA Secures First Director Disqualification for Breach of Competition Law
Caroline Hobson and Jacqueline Vallat
CMS Cameron McKenna LLP, London

This comment provides an overview of the first director disqualification for breach of competition law secured by the UK Competition and Markets Authority (CMA) in December 2016. The article sets out the powers available to the CMA to apply for a director disqualification and the circumstances in which it is likely to do so, and looks in detail at the investigation in which the CMA obtained this disqualification.

Three Maltese Competition Law Cases
Paul Edgar Micallef University of Malta

Two of the cases discussed refer to decisions by the Office of Competition not to impose punitive fines since sanctions of a criminal nature can only be decided by a court of law. The third case relates to exclusive agreements made with distributors of LPG, which were held to be in breach of Malta's competition Act.