The Enforcement Decision Panel (EDP) was established in June 2014 to take important decisions in contested and settlement enforcement cases on behalf of the Gas and Electricity Markets Authority (our governing body).
Why have we created the EDP?
The EDP has been created to allow cases to be decided by dedicated specialists, with an easily visible separation between the investigation and decision-making functions. Members of the panel play a crucial role in continuing to deliver our central duty to protect consumers, facilitate competition and ensure the integrity of the wholesale energy market.
How does the EDP work?
Members of the EDP are appointed by the panel Chair to case decision panels or settlement committees, to hear and take decisions in individual cases. Once appointed to a panel or committee, the role involves delivering our Enforcement Vision by taking decisions on behalf of our governing body as to whether there has been a breach of obligation, competition laws, or REMIT regulations, and whether a penalty or redress package should be imposed and if so what level of penalty or redress.
The EDP’s decisions are independent from the investigating team and our governing body cannot change or over-rule EDP decisions.
Powers in criminal cases
As outlined in the consultation on criminal powers, which can be found in the consultation letter dated 2 July 2015 on Ofgem's proposed prosecution policy statement, The Authority has decided to delegate power to the Chair of the EDP or another legally qualified member of the EDP, to take decisions on whether to proceed with criminal prosecutions. This took effect on 29 February 2016 and full details can be found in the Prosecution Policy Statement.
Terms of Reference and Annual Reports
We have published both the EDP's terms of reference and the terms of reference for Settlement Committees in the Committees of the Authority document on our website.
The EDP has been authorised to take enforcement decisions on behalf of the Civil Aviation Authority for any Competition Act cases. This came into force on 22 April 2016. The Authority is indemnified in relation to any decisions taken by the EDP on behalf of the CAA.
John Swift QC has combined private practice with public sector regulation over the whole of his professional career. He has appeared as Leading Counsel, for regulators and the private sector, in several of the key cases in the UK and EU in which Courts have tested the legality of decisions of regulators, such as the Competition Commission and the European Commission.
From 1993 to 1998 he was Rail Regulator, appointed under the controversial Railways Act to promote the interests of passengers in a new and complex network of relations between train companies. From 2009 to 2016 he was a member of the NHS Cooperation and Competition Panel and then adviser to NHS Improvement (formerly Monitor) established to promote the interests of patients for NHS funded services and an independent member of Ofwat’s Case Work Committee since 2014. In February 2017 he was appointed to the Pension Regulator’s Determination Panel, which makes decisions relating to pension law breaches and uses its powers upon application or to address problems arising within the scheme.
His background is that of a stevedoring family in Liverpool, with his further education at Oxford University and the School of Advanced International Studies, Bologna. He lives in South Oxfordshire, where he is also a Parish Councillor.
Amelia Fletcher is Professor of Competition Policy at the Centre for Competition Policy at the University of East Anglia and a Non-Executive Director at the Financial Conduct Authority and the Payment Systems Regulator. She is also an academic advisor to Ofcom, a policy advisor to Which? and a member of the Oxera Economic Council.
Amelia has extensive experience in competition and consumer policy. She was Chief Economist at the Office of Fair Trading (OFT) between 2001 and 2013, where she also lead the OFT’s Mergers and Competition Policy teams, as well as acting as a case Decision Maker. Before this, she was an economic consultant at Frontier Economics (1999-2001) and London Economics (1993-1999).
She has a DPhil and MPhil in economics from Nuffield College, Oxford. She has been on the Councils of the Royal Economic Society and the Association of Competition Economics and on the advisory panel for the ESRC Centre for Economic Learning and Social Evolution. In 2014 she was awarded an OBE for services to competition and consumer economics.
Elizabeth France is Chair of the Security Industry Authority, Chair of the Police Advisory Board for England and Wales, a member of the British Transport Police Authority, Vice President of Aberystwyth University, a member of the General Assembly of Manchester University and Deputy Chair of the FCA’s Regulatory Decisions Committee and the PSR’s Enforcement Decisions Committee.
Until 31 March 2014 Elizabeth was Chair of the Office for Legal Complaints. From 2002 to 2009 she was Chief Ombudsman and Chief Executive of the Ombudsman Service Ltd., which provided the Telecommunications Ombudsman Service (Otelo), the Energy Ombudsman Service and the Surveyors Ombudsman Service. She was a Non-Executive Director of the Serious Organised Crime Agency from 2005-2010.
Elizabeth began her career in the Home Office, became the Data Protection Registrar in September 1994 and Information Commissioner in January 2001.
She has been awarded honorary doctorates by the Universities of De Montfort, Loughborough and Bradford and is a Fellow of Aberystwyth University. In June 2002 she was awarded a CBE for services to data protection.
Trevor Jones has gained over 30 years’ experience in the Financial Services industry at businesses including Barclays Bank and Lloyds Banking Group. He has held a number of senior roles including the leadership of Risk, Financial Crime, Compliance, Audit and Finance functions, as well as shaping the business by driving the Governance and Compliance agendas for UK banks.
He has held a number of positions on Boards and chairing committees tasked with shaping compliance for large financial institutions. Having seen the regulatory landscape change over his career, he founded a consulting service specialising in the provision of compliance and risk advice to banking and insurance companies. He lectures on compliance. Trevor works for Vitality Insurance as Internal Audit Director and is a Consultant with the Berkley Research Group in Compliance and Conduct Risk.
Andrew Long is an experienced regulatory decision maker and judge.
His current other regulatory decision making roles are as Deputy Chair (formerly Chair) of the Regulatory Decisions Committee at the Financial Conduct Authority, Chair of the Determinations Panel of the Pensions Regulator and Panel Chair for the Access Disputes Committee (of the regulated rail industry).
He has been a Deputy District Judge of the High Court and County Court since 2009 and a Judge of the First Tier Tax Tribunal since 2009. He was formerly a Board member of the Solicitors Regulation Authority where he chaired one of its principal committees. He has written extensively on regulatory law, including part of a major textbook on financial services regulation. His main career was as a partner at Pinsent Masons solicitors, where he led the financial services regulation practice.
Dr Ulrike Hotopp is Director of Live Economics ltd a research based economic consultancy. She is a member of the CMA panel and the Regulatory Board for UK and Ireland at RICS. She holds an honorary professorship at the University of Kent. Until October 2018 Ulrike was Vice President at the UK Evaluation Society. Ulrike has a PhD in Economics from the University of Sussex. She worked as a Civil Servant for the Government Economic Service between 2000 and 2016. In her last role she was Chief Economist and Director for Analysis at DEFRA. Other roles included Deputy Director for Strategic Analysis at the then Department for Energy and Climate Change.
Ali Nikpay is a partner at Gibson Dunn & Crutcher and head of its competition practice group in London. He has more than 20 years of EU and UK merger control, antitrust and litigation experience in both the private and public sectors. He has described in an editorial by the UK’s leading broadsheet, the Daily Telegraph, as “one of the world’s preeminent experts in European competition law”; by Chambers 2018 as “brilliant strategically and tactically, and is a great advocate”; and by Legal 500 2016 as “technically outstanding” and “very effective”. In 2017, The Financial Times named Ali among the Top 10 Innovators in Europe at the 2017 FT European Innovative Lawyer Awards, which recognized the “ten original legal thinkers in a fast moving world”. In 2010 he was identified as one of The Lawyer’s “Hot 100”.
During his time at the UK competition Authority, Ali held a number of important positions including Senior Director of its Cartels and Criminal Enforcement division, Senior Director for Merger Decisions and Senior Director of Policy International (in which capacity he interacted with senior officials at agencies in the US, the EU, Japan, South Korea, Australia, Canada etc). He was also a member of the authority’s highest decision-making organ, its Executive Committee.
He has also served on the Confederation of British Industry’s Competition Panel and on several occasions appeared before the House of Lords Select Committee on the European Union.
He is co-editor of “Faull & Nikpay: The EU Law of Competition,” which was described by European Competition Law Review as “… the best single volume work dealing with EU competition law that is available. He serves on the editorial boards of the following journals: “European Competition Law”, “World Competition”, “Antitrust Enforcement Review” and “Competition Law International”. Ali is a Visiting Lecturer at University of Oxford and was a Visiting Fellow at the London School of Economics and Political Science (LSE). In 2012, he authored an article “UK cartel enforcement: past, present, future“, which was nominated by the Global Competition Review for an award.
Dr Philip Marsden is Deputy Chair of the Bank of England’s Enforcement Decision Making Committee, and a member of the Case Decisions Committee, the Enforcement Decisions Committee and the Regulatory Decisions Committee at the Financial Conduct Authority and the Payment Systems Regulator.
Philip is also Professor of Law and Economics at the College of Europe, Bruges, teaching the core LL.M. competition course and is co-founder and General Editor of the European Competition Journal, and the Oxford Competition Law case reporter series. His research interests include innovation incentives, comparative competition law and online markets.
He has for many years been Counsel to the fifty-CEO Board of the Consumer Goods Forum, and advised governments on competition issues under the auspices of the ICN, OECD, UN, ADB, EBRD, World Bank and IMF.
For ten years Philip held various roles at the UK competition authority, first as member of the Board of the Office of Fair Trading, then as Inquiry Chair and Senior Director, Case Decision Groups, at the Competition and Markets Authority, where he decided on Phase II mergers, market investigations and antitrust cases, post-SO. He was also a Board member of the Channel Islands Competition and Regulatory Authorities. He was also Senior Research Fellow at the British Institute of International and Comparative Law, and Director of its Competition Law Forum. In private practice he worked at major law firms in Toronto, Tokyo and London.
A competition official and prosecutor early on in his career, for the last 30 years Philip has also acted as independent counsel, specialising in advice to firms in the fast-moving consumer goods and high technology sectors, and to governments on competition agency effectiveness and decision-making.
Philip earned his doctorate in law from the University of Oxford.
Peter Hinchliffe is a barrister with significant experience of making independent decisions in a legal or regulatory environment. He is Deputy Chair of the Regulatory Decisions Committee of the FCA, a member of the Determinations Panel of The Pensions Regulator and a member of the Financial Reporting Council’s Case Management Committee. He sits as a tribunal judge in the General Regulatory, Chamber and in other jurisdictions.
Peter is chair of the Behavioural Insights Trustee Company and an experienced non-executive director and charity trustee. He has previously held non-executive roles in HM Treasury and with regulators in the telecoms and legal services sectors. Peter was Lead Ombudsman for insurance at the Financial Ombudsman Service until 2010 and has spoken and written extensively on consumer issues. Prior to that he held senior management positions in the technology and charity sectors.
Megan Forbes was the Deputy Chief Executive and Director of Operations at the GPhC. Prior to that she was at the Financial Conduct Authority (FCA). Megan’s responsibilities at the FCA have included leading the IT, finance, HR, communications and legal teams that support the FCA’s enforcement division. She has led multidisciplinary teams through significant programmes of change and has also managed teams of investigators tackling misconduct in financial services.
Prior to working for the FCA, Megan was Legal and Enforcement Partner at Ofgem, the regulator of the gas and electricity markets, where she led a major transformation of Ofgem’s approach to enforcement.