The UK Court of Appeal upholds an abuse of dominance finding against incumbent gas provider but reduces the size of the fine imposed (National Grid)

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 (Reading)

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Simon Barnes, The UK Court of Appeal upholds an abuse of dominance finding against incumbent gas provider but reduces the size of the fine imposed (National Grid), 23 February 2010, e-Competitions February 2010, Art. N° 31020

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