Competition law and energy
Produced in partnership with Jamie Dunne of Brodies LLP
Competition law and energy

The following Energy practice note produced in partnership with Jamie Dunne of Brodies LLP provides comprehensive and up to date legal information covering:

  • Competition law and energy
  • Brexit impact
  • Background to competition in the UK energy sector
  • Concurrent competition jurisdiction of Ofgem
  • The structure of the energy markets and key competition issues in each
  • Network market (electricity)
  • Network market (gas)
  • Wholesale market (electricity/gas)
  • Retail market (electricity/gas)
  • Market definition issues
  • More...

Brexit impact

As of 31 January 2020 (exit day), the UK is no longer an EU Member State, but it has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. 11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below.

For information on how leaving the EU will affect the EU Internal Energy Market and/or Great Britain’s (GB) international electricity and gas interconnectors and trade, see Practice Note: Energy and Brexit—the EU Internal Energy Market and international electricity and gas interconnection regulation and trade, which details the key publications and announcements made to date which are specific to Brexit and the EU Internal Energy Market and/or Brexit and Great Britain’s international electricity and gas interconnectors and trade. It also provides a brief analysis of the consequences of these publications and announcements, and the position to date.

Background to competition in the UK energy sector

The legislative framework for the energy industry in the UK remains the legislation which

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