Public Law analysis: The Competition Appeal Tribunal (CAT) dismissed Zenobē Energy Ltd’s applications under section 70 of the Subsidy Control Act 2022 (SCA 2022) challenging Ofgem’s development of the long-duration electricity storage (LDES) cap-and-floor scheme. The CAT held that neither Ofgem’s September 2025 publications setting out the proposed assessment framework, nor its February 2026 decision adopting earlier development work, constituted a reviewable ‘subsidy decision’ for the purpose of SCA 2022, s 70. The measures formed part of a broader, multi-stage process for developing and establishing the scheme, with important decisions still to be taken before any subsidies could be awarded. The CAT further held that, even if the scheme involved subsidies, it would be a scheme made by means of primary legislation within the meaning of SCA 2022, s 78 and Sch 3, meaning that the CAT would lack jurisdiction under SCA 2022, s 70 in any event.