"Macfarlanes Achieves Preliminary Issue Victory for Prysmian in Energy Bill Collective Action"

"Macfarlanes successfully represented Prysmian in a preliminary issue within the Spottiswoode v Nexans collective proceedings, which concern claims of increased energy costs due to anti-competitive practices by cable manufacturers. The Competition Appeal Tribunal ruled that alleged overcharges on subsea power cables would not have impacted the UK Government's subsidy decisions for offshore windfarms under the 2010 Renewables Obligation scheme. This decision affects approximately 50% of the claim value asserted by the class representative."

Macfarlanes, alongside Brick Court Chambers and Monckton Chambers, represented Prysmian in a preliminary issue within the collective proceedings Spottiswoode v Nexans & others. The proceedings were brought by Ms. Clare Mary Joan Spottiswoode CBE, the class representative, and involved allegations of anti-competitive practices by cable manufacturers, including Prysmian. The transaction concerned a preliminary issue regarding whether the UK Government’s banding decision on the level of subsidy (Renewable Obligations Certificates (ROCs)/MWh) provided to offshore wind under the Renewable Obligations scheme in 2010 would have been different in a counterfactual scenario where the costs of subsea power cables were increased due to an alleged overcharge. The Competition Appeal Tribunal ruled in favor of Prysmian, agreeing that the subsidy awarded to offshore wind would not have been any less, even in the counterfactual scenario. The Macfarlanes team was led by Partners Cameron Firth and Simon Day, supported by Senior Associates Rachel Carter and Dan Fisher, and Associate Robyn Welham. Brick Court Chambers’ Helen Davies KC and Monckton Chambers’ Fiona Banks also assisted, alongside Dr. Boaz Moselle of Compass Lexecon.

"Macfarlanes Achieves Preliminary Issue Victory for Prysmian in Energy Bill Collective Action"

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