Utilities Law Review - Volume 22 - Issue 3

State Aid to the nuclear power sector: the General Court’s ruling on the UK reactor at Hinkley Point C
Leigh Hancher
Tilburg University and Florence School of Regulation
This article examines the General Court’s ruling on the application by Austria to annul the European Commission’s decision declaring State Aid for the construction of a new UK nuclear power station to be compatible aid. It sets out the background to the project and summarises the EC decision before analysing the General Court’s findings. The court underlined that promotion of nuclear energy as a public interest objective in line with the Euratom Treaty did not mean that every measure to support this form of energy was justified. It also gave some guidance on the scope for Member States to rely on Article 194(2) TFEU to determine their own energy mix.

Royal Mail v Ofcom– the battle to break Royal Mail’s hold on the UK bulk delivery market 
Stephen Critchley and Gurpreet Chhokar
Collyer Bristow LLP

In August 2018 Ofcom imposed a fine of £50 million on Royal Mail for abusing its dominant position in relation to bulk mail services. This article summarises Ofcom’s infringement decision and discusses features of Royal Mail’s appeal, which is scheduled to be heard in the Competition Appeal Tribunal in mid-2019.

Case Comments
Handle with care? The treatment of confidential information under EU law following Bundesanstalt für Finanzdienstleistungsaufsicht v Ewald Baumeister
Sohra Askaryar and Ella Adler
Baker Botts LLP, Brussels
Tony Shortall
Telage, Brussels

The judgment of the CJEU in Case C–15/16 clarifies the definition of ‘confidentialinformation’ in the context of the Directive on Markets in Financial Instruments (MFiD), setting out a list of criteria that national financial regulators must consider to determine whether the information they hold regarding the entities they supervise may be disclosed to third parties. This article describes the power of national regulators to request information under the MFiD and the protection the MFiD grants from disclosure tothird parties. It then critiques the judgment of the CJEU, on the basis that it should have considered analogous provisions in Regulation 1049/2001, and concludes with practical advice to regulated entities

Anti-competitive behaviour: Falzon Group Holdings et v Direttur Generali (Kompetizzjoni) et
Paul Edgar Micallef
University of Malta

Falzon Group Holdings et had been found guilty of anti-competitive practices in the wholesale and resale markets of diesel fuel. Although the Director General did not impose any fines, this did not detract from the criminal nature of the proceedings

EU Current Survey
Energy – Telecommunications and Digital Economy – Transport
Edited by Peter Alexiadis and Christoph Raab
Gibson, Dunn & Crutcher LLP, Brussels

UK Current Survey
Energy – Telecommunications – Transport – Water
Edited by Philippa Young
Solicitor, Oxford