Competition law and energy

Copyright © 2025 LexisNexis
Produced in partnership with Jamie Dunne of Brodies LLP , Damien Ryan of Brodies LLP and Robin Mackintosh of Brodies LLP
Practice notes

Competition law and energy

Copyright © 2025 LexisNexis

Produced in partnership with Jamie Dunne of Brodies LLP , Damien Ryan of Brodies LLP and Robin Mackintosh of Brodies LLP

Practice notes
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brexit impact

On 31 January 2020 ('exit day'), the UK ceased to be an EU Member State and entered an implementation period during which it continued to be treated by the EU as a Member State for many purposes. At 11 pm (GMT) on 31 December 2020 the Brexit transition/implementation period ended. At that moment (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes took effect across the UK’s legal regime. Upon IP completion day, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) created a new category of domestic UK law—retained EU Law (REUL)—made up of EU-derived rights and legislation that were preserved in the UK following Brexit. On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) gained Royal Assent. REUL(RR)A 2023 reforms the treatment of REUL by:

  1. •

    revoking substantial amounts of REUL from 31 December 2023

  2. •

    re-labelling REUL as ‘assimilated law’ from 1 January 2024 

Jamie Dunne
Jamie Dunne

Brodies LLP

Jamie is a public and regulatory law specialist in the Public Law, Regulatory and Competition practice at Brodies LLP in Edinburgh. He has experience advising both regulators and regulated entities on all aspects of public and administrative law, economic and utilities regulation, procurement and state aid, and has particular experience in the gas and electricity, water and transport (including civil aviation) sectors. A career highlight has been advising Ofwat on the opening of the retail market for non-household water and sewerage services in England and Wales.

Jamie writes regularly on Brexit and public law issues and has nine years' experience teaching administrative and public law at the University of Edinburgh, where he also teaches EU law. He is a member of the Scottish Public Law Group and UK Constitutional Lawyers' Association. A former researcher to the UK Ministry of Justice's Bill of Rights Commission, Jamie maintains a keen interest in all matters relating to the UK's devolution settlements.

Jamie is secretary to the Scottish Competition Forum (the Scottish equivalent of the Competition Lawyers' Association) and a member of the Law Society of Scotland's advisory committee on competition law.

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Damien Ryan
Damien Ryan

Barrister, Brodies LLP

Damien is a competition lawyer with a broad practice covering merger control, competition compliance, State aid, economic regulation and antitrust litigation. He practised in commercial, EU and public law at the Bar in Dublin before joining the competition and antitrust department of a Magic Circle firm, from whom he then joined Brodies. He has advised and acted for clients in a number of investigations (involving abuse of dominance, vertical restraints and market sharing), both at EU and national level. Damien has specific expertise advising on regulatory and competition issues in regulated sectors, including an extensive secondment in utilities regulation at an energy networks company.

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Robin Mackintosh
Robin Mackintosh

Solicitor, Brodies LLP

Robin is a solicitor in Brodies' Government, Regulatory and Competition team. He trained as a solicitor at Brodies and qualified in July 2020.
 
Robin has a wide range of experience within competition and regulatory matters, including experience in mergers & acquisitions, merger clearances and competition litigation including follow-on damages actions, as well as environmental, data protection, and general commercial litigation, corporate crime/investigations and reputation management advice.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Competition law definition
What does Competition law mean?

means the national and directly effective supra-national legislation of any jurisdiction which governs the conduct of companies or individuals in relation to restrictive or other anti-competitive agreements or practices and the control of acquisitions and mergers (including, but not limited to, the Chapter I and Chapter II prohibitions under the Competition Act 1998, the prohibitions in Article 101 and Article 102 TFEU and the cartel offence in Part 6 of the Enterprise Act 2002, as amended) and includes reference to antitrust law as appropriate

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