Aquavitae v Ofwat (admissibility) [2003] CAT 17
Competition Appeal Tribunal judgment (64 pages, PDF) finding that Aquavitae's appeal against Ofwat's alleged failure to enforce the prohibition on abuse of a dominant position on incumbent water companies was not admissible.
The Tribunal found “some force in Aquavitae's arguments”, and that Ofwat had taken the view that the low margins implied by water companies in wholesale prices offered to new entrant suppliers were unlikely to be in breach of the Competition Act 1998. But this was at too general a level to trigger a right of appeal under the Act:
- Ofwat's decision was only a general proposition that low margins were unlikely to be abusive; it left the door open to submissions that there was abuse in a specific case; and
- there was no specific instance of alleged abuse for which the Tribunal could identify the person and the conduct to which the allegedly wrong decision would relate.
On that basis Aquavitae had not shown that Ofwat had, in effect, made a non-infringement decision by refusing to investigate further.
For further information or advice please contact Franck Latrémolière.
Filed under Article 82, CAT, Ofwat, Water.
