Utilities Law Review - Volume 24 - Issue 1


Mitigating sustainability and security risks of critical mineral supply chains in the green energy transition
Sirja-Leena Penttinen
UEF Law School, University of Eastern Finland
Emily Burlinghaus
Research Institute for Sustainability, Helmholtz Centre, Potsdam

The transition to green energy, along with rapid digitisation, are highly dependent on critical raw materials such as lithium, nickel, cobalt and manganese. The EU and US are two of the top global economies that are heavily dependent on foreign (especially Chinese) supply chains for such materials. This article presents an overview of EU and US legislative measures that have been introduced with the aim of addressing and mitigating supply chain risks..

Commission decision in AT.38700 Greek lignite
Vesna Tezak
DG Competition, European Commission

In a decision of 2021 the Commission set out remedies addressing an infringement of EU competition law established in 2008, where the Greek incumbent electricity company privileged rights for the exploitation of lignite, thereby reinforcing its dominant position on the Greek electricity market. The decision balances the need to tackle unfair dominance and the changed market circumstances, given lignite’s loss of competitiveness in the intervening 13-year period.

Energy (Oil and Gas) Profits Levy Act 2022
Zoe Andrews and Adam Morland
Slaughter and May, London

The Energy (Oil and Gas) Profits Levy Act 2022 applies to certain profits of oil and gas companies from upstream activity in the UK and on the UK Continental Shelf arising over the coming years, and was intended to help fund measures to subsidise household energy bills. The authors comment on the changes made to the draft legislation before its enactment in July 2022 and the further modifications introduced by the Finance Act 2023 and the Spring Finance Bill of March 2023.

CMA proposes new UK antitrust exemption regime for motor vehicle sector
Ashley French
Shepherd and Wedderburn LLP, London

This comment sets out aspects of the CMA’s recommendation on replacing the retained EU Motor Vehicle Block Exemption Regulation, when it expires on 31 May 2023, with a Motor Vehicle Block Exemption Order that is tailored to the needs of UK consumers and businesses operating in the UK. While major changes are not appropriate, some provisions of the existing block exemption will need to be updated to reflect the importance of access to data as a factor of competition. 

The CAT and the meerkat: a tale of the most favoured nation clauses
Caroline Hobson, Christine Graham and Anna Caro
Cooley (UK) LLP, London

In August 2022 the UK’s Competition Appeal Tribunal set aside a £17.9 million fine on Compare The Market website (that compares a large number of home insurance providers) on the grounds that the Competition and Markets Authority had failed to show that most favoured nation clauses had anticompetitive effects. This judgment adds to the ongoing debate about the impact of MFN clauses on competition and how they should be treated legally.

EU Current Survey

Energy – Telecommunications and Digital Economy – Transport

Edited by Peter Alexiadis
King’s College, London, and Brussels
and Christoph Raab
Binder Groesswang, Vienna

UK Current Survey

Broadcasting – Energy – Post – Telecommunications – Transport.
Edited by Philippa Young
Solicitor, Oxford

EU/UK Report

Overview of key new measures taken in respect of ongoing energy crisis.
Prajakt Samant, Brett Hillis, Simone Goligorsky, Nicole Cheung, Amber Davies
Reed Smith LLP