GovWire

Financial resilience appeal 2023

Competition Markets Authority

October 25
10:30 2023

Administrative timetable

Date Action
21 January 2024 Statutory Deadline for Final Determination (unless extended)
Late October Main hearings
12 October 2023 Deadline for GEMAs response to the Notice of Appeal and for any applications for permission to intervene
21 September 2023 Permission to Appeal granted and published
7 September 2023 GEMA sent representations on whether permission to appeal to be granted
23 August 2023 Application for permission to appeal submitted by Utilita

A full administrative timetable will be published in due course.

Appeal group appointed

21 September 2023: The CMA has appointed a group of 3 panel members to determine the appeal.

Richard Feasey (Chair), Anne Fletcher and Jo Armstrong.

CMA decision on permission

21 September 2023: The CMA has granted permission to appeal on all grounds pleaded by Utilita Energy Limited (Utilita).

Notice of appeal

23 August 2023: Utilita Energy Limited (Utilita) have applied for permission to appeal GEMAs decision of 26 July 2023 to introduce a common minimum capital requirement. The decision related to the modifications of standard licence conditions and concerns the decision to impose the capital target in respect of gas and electricity supply licences.

The CMA has 4 months to determine the appeal.

Interveners

25 October 2023: On 12 October 2023 the CMA received applications for permission to intervene from EDF Energy Customers Limited (EDFE) and from OVO Energy Limited (OVO). On 19 October 2023, the CMA issued its decisions on the applications allowing both EDFE and OVO to intervene.

Response to the Notice of Appeal

18 October 2023: On 12 October 2023 the CMA received a response from Ofgem (GEMA) to the Notice of Appeal by Utilita Energy Limited (Utilita).

Contact

Any queries or submissions relating to this matter should be sent to utilitaappeal@cma.gov.uk

Published 1 September 2023
Last updated 25 October 2023 +show all updates
  1. Permission to intervene granted

  2. Response from GEMA published.

  3. Decision published

  4. First published.

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