Refer, Appeal, or Grin and Bear It?

Comparing the “Appeal” Processes in Infrastructure; Are the Differences Justified?

Colm Gibson chaired a discussion on the arrangements whereby UK infrastructure and utility service providers can “appeal” decisions by their regulator. The panel, hosted at BRG’s London offices, also included Harold Hutchinson and Martin Young (Investec), Thea Hutchinson (Ofwat) and Natura Gracia (Linklaters).

“Appeals” are heard by the Competition and Markets Authority (CMA) and are additional to the right of any person to seek judicial review of a decision made by a public authority. Various matters can be appealed. This discussion focused on those relating to price controls, as these are likely to be the most significant.