The UK Competition Appeal Tribunal considers the appropriate tests to apply in an interim decision regarding abuse of dominant position in pricing access to a water distribution channel in the context of the regulated UK water industry (Albion Water)

The case commenced in 2001 and the instant decision relates to an appeal by an inset water undertaking (i.e. a local retailer of water services), Albion Water Limited (“Albion”) against a decision of the Director General of Water Services (the “Director”). The decision was to the effect that a statutory water undertaking, Welsh Water (“Dwr Cymru”), had not infringed the Chapter II prohibition against abuse of dominant position set out in section 18 of the Competition Act 1998 (the “1998 Act”) in relation to the price offered by Dwr Cymru to Albion for the common carriage of non-potable (i. e. non-drinking) water across a part of Dwr Cymru's water transportation network to Albion's only customer, a large paper mill in North Wales. The Competition Appeal Tribunal (“CAT”) considered that the

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Katherine Rainwood, The UK Competition Appeal Tribunal considers the appropriate tests to apply in an interim decision regarding abuse of dominant position in pricing access to a water distribution channel in the context of the regulated UK water industry (Albion Water), 22 December 2005, e-Competitions Bulletin December 2005, Art. N° 435

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