Editorial

Administrative law developments in the United States
Richard J. Pierce, Jr

Cases decided by the US Supreme Court in 2023–24 have raised important administrative law issues and each of the six conservative judges has expressed negative views about regulatory agencies. With many more cases attacking the traditional role of agencies now on their way to the Supreme Court, it is possible that within a few years agencies may be rendered incapable of performing the tasks assigned to them by Congress

Articles

The challenges of competition and intellectual property law for HVDC grid development
Vincent Lakerink and Dr Ceciel Nieuwenhout
Groningen Centre of Energy Law and Sustainability, Faculty of Law, University of Groningen

High Voltage Direct Current (HVDC) technology is deemed necessary to connect the 120–300 GW of offshore wind projected in the North Sea. However, to create a HVDC offshore grid it is necessary that the HVDC industry develop the tools and processes necessary to facilitate multi-terminal, multi-vendor (MTMV) projects. Standards are one such tool and have received significant regulatory attention. Without standards, interoperability in future HVDC grids will likely be limited. Standards help to ensure interoperability between different projects and components, with the final objective of creating an efficient network that is safe and reliable. This article connects the legal and technical perspectives in the process of reaching interoperability of different vendors’ HVDC technology. It identifies the challenges posed by competition law and intellectual property law in HVDC grid development and gives policy recommendations for the improvement of this process.

Anti-steering: Apple faces the music
Greg Dowell, Roque Botas Armero, Megan Humphreys and Emma Redcliffe
Macfarlanes LLP, London

Apple is appealing a €1.84 billion fine levied by the European Commission for abusing its dominant position in respect of the distribution of music streaming apps through the imposition of ‘anti-steering’ provisions. Meanwhile the Commission has opened separate enforcement proceedings against Apple for essentially the same conduct, under the Digital Markets Act. This article analyses the implications of the case both for the enforcement of Article 102 TFEU and for the regulation of Big Tech more broadly.

Reflections on dispute resolution under the EU Gigabit Infrastructure Act
Paul Edgar Micallef
University of Malta

The EU Gigabit Infrastructure Act (GIA) repeals Directive 2014/61/EU on measures to reduce the cost of deploying high-speed communications networks. While many of the GIA’s core provisions reflect the provisions of the 2014 Directive, the Act introduces ‘new reinforced measures’ to contribute to a better functioning of the digital single market. It also introduces a specific Article focusing on dispute resolution, which is discussed here. 

Case Comments
English High Court confirms no special thresholds for private home search warrants
Philipp Girardet, Rahul Saha, Perrine Meyer and Nicola Earle
Wilkie, Farr & Gallagher (UK) LLP, London

With the increase in hybrid working the UK Competition and Markets Authority has successfully argued that it should be able to search domestic premises to secure evidence of potential breaches of competition law. However, in light of Article 8 ECHR, a warrant to search a private home should meet a ‘higher order of scrutiny’ than applications for warrants for business premises, to be determined on a case-by-case basis.

Details of the FCA’s second Competition Act infringement decision made public
Emma Radcliffe and Greg Dowell
Macfarlanes LLP, London

A case in which three money-remittance firms were fined for an anti-competitive agreement to apply the same fee and exchange rate to in-store transfers to Pakistan illustrates the importance of firms maintaining sufficiency knowledge of competition law among their staff and of taking prompt action to resolve any concerns. 

EU Current Survey
Edited by Peter Alexiadis King’s College, London, and Brussels and Christoph Raab Binder Groesswang, Vienna

Energy – Telecommunications and Digital Economy – Post – Transport.

UK Current Survey
Edited by Philippa Young Solicitor, Oxford

Broadcasting – Energy – Post – Telecommunications – Transport