Regulated Industries Disputes
In addition to our Financial Regulatory Disputes team, our Regulated Industries Disputes team advises clients operating across the spectrum of regulated industries in all forms of disputes.
Working alongside our market-leading teams in Communications, Energy Renewables and Natural Resources, Transport, and Utilities, we have been at the forefront of the biggest disputes in these areas since the privatisation and regulation of these industries began over twenty years ago. In this time, we have advised a wide variety of regulators, incumbent operators and new entrants in rapidly changing and developing markets. Our broad experience includes acting in successful challenges to regulatory determinations and acting on behalf of regulators in the successful defence of challenges, as well as acting in various types of private law disputes arising in regulated industries, including significant contractual and competition disputes. As a result, we have developed a deep understanding of those markets and the strategic considerations which matter most to our clients.
- Acting for ElectroRoute in the successful resolution of its challenge, by way of judicial review in the Commercial Court which included securing injunctive relief, to a proposed modification of the Trading and Settlement Code for the Single Electricity Market
- Acting for Viridian Group in a number of successful challenges to various decisions of the Commission for Regulation of Utilities (CRU) relating to the electricity market in Ireland, including its judicial review of a decision to prohibit the inclusion of carbon tax in wholesale electricity prices and its judicial review of a decision regarding the availability of forms of access to gas transmission capacity
- Acting for eir in statutory appeals against various decisions of the Commission for Communications Regulation (ComReg), including challenges relating to the designation of eir as a Universal Service Provider and its decision to impose various obligations on eir relating to the provision of wholesale leased lines services
- Advising Bord Gáis Éireann in a significant dispute relating to the supply, delivery and sale of natural gas, issues relating to the crossing of a sub-sea interconnector, and in relation to the impact of the modification of exit tariffs from the UK National Transmissions System on the supply of natural gas to Ireland
- Acting for daa plc, the national airport operator, in a number of regulatory disputes and court appeals involving the Commission for Aviation Regulation (CAR) challenging various determinations by the Commission fixing the level of airport charges for access to essential airport facilities
- Acting for the Commission for Energy Regulation (CER) in defence of a challenge to regulatory decisions concerning the Ireland/UK natural gas reconnector
- Advising the Sustainable Energy Authority of Ireland on various aspects of the design and roll out of its €300m statutory Support Scheme for Renewable Heat