The UK Competition Appeal Tribunal upholds the decision of the energy regulator, which found that utility company had abused its dominant position in the market for the provision of domestic-sized gas meters, including the ancillary service of meter maintenance (National Grid)

On 29 April 2009, the Competition Appeal Tribunal ("CAT") upheld the February 2008 decision of the UK energy regulator OFGEM, which found that National Grid had abused its dominant position in the market for the provision of domestic-sized gas meters, including the ancillary service of meter maintenance, in Great Britain. The CAT reduced the fine imposed on National Grid from £41.6 million to £30 million but it confirmed that National Grid's behaviour constituted a breach of s18 of the UK Competition Act 1998 and Article 82 of the EC Treaty. The infringement took the form of conditions contained in the meter service agreements ("MSAs") concluded between the incumbent National Grid and the gas providers to whom it provided domestic-sized gas meters. Under the MSAs the initial cost of

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Simon Barnes, The UK Competition Appeal Tribunal upholds the decision of the energy regulator, which found that utility company had abused its dominant position in the market for the provision of domestic-sized gas meters, including the ancillary service of meter maintenance (National Grid), 29 April 2009, e-Competitions April 2009, Art. N° 26355

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