Member

That takes us to the third group. Let us assume that, with the best possible intentions, even though we have it in the Bill, the ORR does not get regulation right. Regulation is hard, particularly when it is new. Amendments 52 and 53 in my name provide for a merits-based appeal of ORR’s decisions. As currently drafted, there are two means for independent retailers to appeal anti-competitive actions in this market. They can use judicial review to appeal the process by which the ORR has come to its decisions, or they can follow the standard Competition Act ex-post complaints procedures and complain to the CMA. The problem with the latter is that it is incredibly costly and all the harm is done before you get any redress, and the problem with the former is that this is new and it is entirely possible that it is not the process that the ORR gets wrong but the detailed technical solution.