Albion Water v Ofwat (Shotton site) [2006] CAT 23

Judgment (322 pages, PDF) of the Competition Appeal Tribunal in the Albion Water v Ofwat (Shotton Paper site) case.

Some extracts (20 pages, PDF) published on 6 October 2006 and an abridged version (209 pages, PDF) are also available.

The Tribunal quashed Ofwat's non-infringement decision, finding that:

Ofwat's decision is also criticised for questioning the legitimacy of Albion Water's business; the Tribunal thought that this "entirely mischaracterised the facts of this case" in the light of Albion's water efficiency and retail services.

The Tribunal will now consider remedies, including the possibility of making a finding that Welsh Water was in a dominant position (something that Ofwat had not determined in its decision), and that it had abused that position in its dealings with Albion Water.

For further information or advice please contact Franck Latrémolière.

Filed under Article 82, CAT, Ofwat, Water.

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