The UK Court of Appeal upholds abuse of dominance finding against incumbent gas provider but reduces the size of the fine imposed (National Grid/Gas and Electricity Markets Authority, Capital Meters, Siemens, Meter Fit)

On 23 February 2010, the Court of Appeal held that the UK Competition Appeal Tribunal ("CAT") had correctly upheld a decision of the UK energy regulator, OFGEM, that National Grid had abused its dominant position in the market for the provision of domestic-sized gas meters. The CAT had reduced OFGEM's original £41.6 million fine on National Grid to £30 million. The Court of Appeal further reduced the fine to £15 million. National Grid, the incumbent dominant gas provider, entered into meter service agreements ("MSAs") with other gas providers to whom it supplied meters. Provisions in these MSAs

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  • Shoosmiths (Thames Valley)

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Simon Barnes, The UK Court of Appeal upholds abuse of dominance finding against incumbent gas provider but reduces the size of the fine imposed (National Grid/Gas and Electricity Markets Authority, Capital Meters, Siemens, Meter Fit), 23 February 2010, e-Competitions Bulletin February 2010, Art. N° 31020

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