Utilities Law Review - Volume 23 - Issue 4

Editorial

Rebooting the CMA: some essential reforms click here for pdf
Andrew Tyrie

The former Chairman of the Competition and Markets Authority poses the question, what would a new or rebooted competition and consumer protection authority look like? In this editorial he offers five suggestions for rebooting the CMA, even in the absence of a new statutory framework

Articles

Law and politics of global competition – why and how nonstate actors seek influence in the International Competition Network
Christopher Townley, Mattia Guidi and Mariana Tavares

This article briefly explores the influence of non-state actors (such as large multinational firms and their lawyers) over the development of international competition policy in the International Competition Network (the ICN) – the most extensive network of competition authorities worldwide. The ICN was established in 2001. This is a timely intervention as the ICN’s Third Decade review is currently taking place (due to be completed in March 2022). It should be read against a backdrop of increasing use (and influence) of transnational (nongovernmental) regulatory networks, like the ICN

COP26: The best (second) last chance for climate?
Jannis Bille and Silke Goldberg, Herbert Smith Freehills LLP, London

This article summarises the key outcomes from COP26 as contained in the Glasgow Climate Pact and concludes with an assessment of the likely impact of COP26 on business. As stressed by various world leaders, the private sector will play a central role in the world’s transition to net zero, which presents both challenges and opportunities

The UK energy and infrastructure market: reviewing 2021 and what is to come in 2022
Hywel Davies, Michael Corbett, Azadeh Nassiri, Richard Todd, Oliver Moir, Kathryn Emmett, Aaron Wu, George Murray, Callum Morganti and Zachary Thompson
Slaughter and May

Changes to laws and policy in the UK energy and infrastructure sectors have been shaped by global issues such as decarbonisation, innovation, protectionism and resource scarcity, and their effects will be felt very much at the national and regional levels. This review considers some of the significant UK energy and infrastructure market developments of 2021 and looks forward to what this might mean for businesses in 2022.

Case Comments
Landmark application of co-investment mandate under the European Electronic Communications Code
Peter Alexiadis and Romano Righetti

Under the European Electronic Communications Code, co-investment projects in Very High Capacity Networks are to be granted favourable regulatory treatment. The evaluation is now underway of the first such co-investment offer, by FiberCop, a new fibre network that will cover much of Italy, as regards its compatibility with EU and Italian competition law and regulatory regimes.

Ireland: The CCPC, insurance price-signalling and regulatory co-operation
Laura Durning, Peter Johnston and Liam Flynn

Following a five-year investigation, the Irish Competition and Consumer Protection Commission (CCPC) accepted legally binding commitments from six insurers after allegations of concerted price-signalling in the private motor sector. While this outcome was heavily criticised in the mainstream Irish media, it was the appropriate course of action by the CCPC acting within its current statutory powers.


EU Current Survey
Edited by Peter Alexiadis Visiting Professor, King’s College, London, and Brussels
and Christoph Raab
Wolf Theiss Rechtsanwälter GmbH & Co KG, Vienna

Energy – Telecommunications and Digital Economy – Post – Transport

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