Utilities Law Review - Volume 22 - Issue 2

Discriminatory nature of the proposed changes to the Gas Market Directive: extension to external 
pipelines or only one of them?
Kim Talus
Tulane Center for Energy Law

This article examines the ongoing developments relating to one pipeline project and the European Commission and its DG Energy’s efforts to complicate the realisation of Nord Stream 2 pipeline project. It is argued that the progress towards what is currently a proposal to modify the 2009 Gas Market Directive is in clear violation of general principle of non-discrimination as applied by the Court of Justice of the European Union

The gradual hardening of soft law: the renewable energy support schemes and the Renewable Energy Directive under revision
Sirja-Leena Penttinen
Tulane Center for Energy Law

This article focuses on the recent legal developments with regard to renewable energy, in particular on subsidising renewable energy production in the EU, and examines the role of the European Commission in implementing the set policy objectives in terms of renewable energy. It presents the main tools adopted at EU level to boost renewable energy in their policy context and sheds light on the latest developments, focusing in particular on the role of the Commission in pushing forward its agenda in exposing renewable energy to market signals.

Regulatory reform under President Trump
Richard J. Pierce, Jr
George Washington University
This article contrasts the anti-regulatory reforms that President Trump is attempting to implement with the pro-market regulatory reforms that were implemented by each of his predecessors. The author then predicts that President Trump will enjoy little if any success in his efforts to repeal major rules

Case Comments
The utility of the New Deal for Consumers
Andrew Austin, Alex McGregor, Rachel Duffy and Lynette Ebo
Freshfields Bruckhaus Deringer LLP

This comment examines one specific proposal in the New Deal for Consumers package: the creation of a new consumer collective redress regime, which would allow classes of consumers who have suffered harm as a result of breaches of EU consumer law to obtain compensation. Such actions would be brought on their behalf by consumer associations and other representative bodies. The authors consider the implications of the proposed regime for the utilities sector and identify concerns as to how it would work in practice if, as the Commission hopes, the new Directive on representative actions for the protection of the collective interests of consumers becomes law by May 2019. 

Setting up of the Malta Digital Innovation Authority
Paul Edgar Micallef
University of Malta

The new Malta Digital Innovation Authority Act 2018 provides for the establishment of a new authority, the Malta Digital Innovation Authority. This comment considers the objectives required of the Authority in promoting and developing the innovative technology sector.

Alleged breach of copyright in relation to the broadcast of English Premier League football in Malta
Paul Edgar Micallef

Malta’s Court of Appeal has held that the broadcaster Telestarr did not breach the copyright enjoyed by the Football Association Premier League Limited when it sold electronic cards obtained from other countries, enabling live broadcasts of matches to be received in Malta. In consequence, Melita’s claim based on territorial exclusivity was also not upheld.

EU Current Survey
Energy – Telecommunications and Digital Economy – Transport
Edited by Peter Alexiadis and Laura Vlachos and Rakhal Zaman Gibson, Dunn & Crutcher LLP, Brussels

UK Current Survey 
Energy – Electronic Communications – Broadcasting – Telecommunications – Transport.
Edited by Philippa Young
Solicitor, Oxford