Utilities Law Review - Volume 21 - Issue 6

Brexit, State Aid and Subsidy Control and the Energy Sector
Professor Dr L Hancher TILEC, Tilburg University

This article explores the potential impact of Brexit on investment levels in the UK energy sector, taking account also of the United Kingdom's declared intention to withdraw from the Euratom Treaty. It discusses possible models for future trading arrangements and highlights the question of appropriate anti-subsidy regulation. 

Go Your Own Way: How States Regulate Hydraulic Fracturing
Jim Wedeking
Counsel, Sidley Austin LLP, Washington, DC

Time is showing that hydraulic fracturing has been well regulated by states, allowing them to build on existing oil and gas regulations while addressing novel challenges with greater innovation, and at a faster pace, than federal regulators. As states accrue experience with hydraulic fracturing and learn from each other, their regulations have condensed around certain core requirements, while still providing the flexibility to accommodate differing geologies, needs and values.

Case Comments
Consumer Actions - Yes, Please. Indirect Purchaser Claims? Better Not. The CAT's Decision in MasterCard
Dr Sebastian Peyer
Senior Lecturer in Law, UEA Law School & Centre for Competition Policy

On 21 July 2017, the Competition Appeal Tribunal ('CAT') rejected an application for an opt-out collective proceedings order ('CPO') in Walter Hugh Merricks v MasterCard Inc, blocking the largest opt-out competition claim brought in the United Kingdom to date and one of the first large indirect purchaser actions. The CAT's decision has clarified a number of important points for future CPO applications, but the Tribunal's decision may have also inadvertently raised the bar for indirect purchaser claims

Domestic Electricity and Gas (Tariff Cap) Bill
Cosmo Graham
Faculty of Law, University of Leicester

This comment describes the legislative proposals for capping the prices of standard variable and default tariffs. There is brief analysis, suggesting that this may undermine Ofgem's role as an independent regulator and it may be difficult to reconcile tariff capping with an effectively competitive market. Since this was written, British Gas has announced that it will phase out its standard variable tariff.