National Grid plc v Gas and Electricity Markets Authority

The Court of Appeal upheld a decision by the Gas and Electricity Markets Authority (Ofgem) that National Grid had abused its dominant position in the market for the rental of gas meters, by requiring gas suppliers to enter into long-term rental contracts with premature replacement charges if the number of meters rented fell below a certain level.  On National Grid’s challenge to the amount of penalty imposed, the Court held that a penalty of £15 million was more appropriate than the amount determined by the Competition Appeal Tribunal.  Monica Carss-Frisk QC, Brian Kennelly and Tristan Jones acted for the Authority.