The UK Competition Appeal Tribunal makes an interim judgment in an appeal against a water industry regulator decision on alleged abuse of dominant position (Albion Water)

The Competition Appeal Tribunal (“the Tribunal”) has made an interim judgment in an appeal against a decision by Ofwat, the water industry regulator in England and Wales. The judgment examines whether it is appropriate to use a concept known as the Efficient Component Pricing Rule (“ECPR”) to assess allegations of abuse of dominance. Ofwat had ruled that Dwr Cymru had not abused a dominant position and therefore had not infringed the Chapter II prohibition in the Competition Act 1998. The Tribunal concluded that it should not set aside Ofwat's decision that Dwr Cymru had not abused a dominant position by charging discriminatory prices to a third-party water supplier, Albion Water (“Albion”), or through delays in quoting a price to Albion. However, the Tribunal withheld judgment and