Utilities Law Review - Volume 24 - Issue 3


Implications of recent ECJ judgments affecting the divide between ex post and ex ante regimes
Gergely Csurgai-Horváth
Pázmány Péter Catholic University,

This article analyses the implications of the recent judgments of the Court of Justice in the bpost, DB Station, ENEL, and Meta cases for the traditional divide between ex post competition law enforcement and ex ante regulatory intervention. These cases are analysed in light of the EU principles of sincere cooperation, non bis in idem, proportionality, and lawfulness of conduct under regulatory statutes. The logic of these rulings is then explored in relation to potential legal disputes that might arise from the concurrent application of the Digital Markets Act and the enforcement of competition rules.

Versatile or vexed? A critical assessment of market inquiries as a hybrid advocacy and enforcement tool in the European Union, the United Kingdom and Australia
Kritika Rampal

Sectoral inquiries, and market reviews and investigations are specific forms of a competition tool which, at a basic level, assesses the structure and/or economic conditions of a particular sector or a market. This article critically analyses and compares market inquiries in three jurisdictions: the EU, the UK and Australia, and assesses the key features of each market inquiry framework and the key procedural issues that each framework presents. While market inquiries are a key hybrid tool for competition authorities, and one which will arguably grow in popularity as digital markets become more complex, their unique positioning in the advocacy-prosecution competition law continuum poses procedural challenges which must be taken into account when considering the utility of market inquiries as a whole.

Case Comments
Regulatory decision by the Malta Communications Authority to address concerns relating to mid contract price increases in electronic communication contracts
Paul Edgar Micallef
University of Malta

Following a public consultation, the MCA has issued its decision providing for various regulatory measures to mitigate any negative impact on end-users whose electronic communications service contracts include clauses enabling service providers to review prices upwards in line with the official cost of living price index.

Malta: Claim for damages for non-delivery of a postal item.
Court of Appeal (Inferior) per Mr Justice L. Mintoff in the names Noel Borg v MaltaPost plc
decided on 28 February 2024
Paul Edgar Micallef

 In this case the Maltese Court of Appeal upheld a decision of the Small Claims Tribunal in which MaltaPost was adjudged to have acted negligently in its failure to deliver a valuable collector’s item via its Express Mail Service.

EU Current Survey
Energy – Telecommunications and Digital Economy – Post – Transport
Edited by Peter Alexiadis
King’s College, London, and Brussels
and Christoph Raab
Binder Groesswang, Vienna

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