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:

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.

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