Investigation into the charges imposed by Electricity North West (ENW) on Independent Power Networks Ltd for connection into ENW's distribution service area and possible infringement of Chapter II of the Competition Act 1998

Jan 2009
Decision Proposed:
Nov 2011
May 2012

We received a complaint from Independent Power Networks Limited (IPNL) about the charges levied on it by Electricity North West Limited (ENW) for use and connection to its electricity distribution system.

Following this complaint we launched a formal investigation on 9 January 2009 under section 25 of the Act, through the issue of section 26 Notices, on the basis that we had reasonable grounds to suspect that Chapter II of the Act and/or Article 102 of the TFEU was being infringed. In particular, we considered that there were reasonable grounds for suspecting that ENW‘s behaviour could be considered conduct on the part of an undertaking which amounted to abuse of a dominant position (Chapter II prohibition). Such conduct includes the direct or indirect imposition of unfair purchase or selling prices/charges and other unfair trading conditions.

Pursuant to section 31A and Schedule 6A of the Act, we conducted a consultation exercise ('the Consultation') to seek views on the commitments offered by ENW. This took the form of publication of a Notice to accept binding commitments issued on 23 November 2011.

Having taken account of representations made to us during the Consultation, we consider that the commitments offered fully address our competition concerns, and we have therefore decided to accept them.

Further details can be found in the decision document.