Determinations Panel meaning

In this issue: UK digital markets UK competition policy UK mergers UK private actions EU antitrust EU competition policy Daily and weekly news alerts New and updated content Caselex UK digital markets CMA designates Apple and Google with SMS in mobile platforms under DMCCA 2024 The CMA has issued its final determinations, naming Apple and Google as holding strategic market status (SMS) in relation to their respective mobile ecosystems under the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). The authority confirmed that both firms possess substantial and entrenched market power in the provision of their mobile platforms—covering operating systems, app distribution, browsers and browser engines—and that each holds a position of strategic importance and significance within the UK digital economy. Apple’s platform (iOS, iPadOS, the App Store) together with the Safari browser using the WebKit engine accounts for about 50–60% of active smartphones and tablets in the UK, while Google’s platform (Android,...

What are the practical implications of this case? There are three areas of broader relevance, each connected to one of the five tests for issuing a CN under PeA 2004, s 38 (outlined below): As to the ‘material detriment test’, where (as here) the scheme remains in operation and the employer continues to trade and support it, it may seem challenging to show that a step has adversely affected the likelihood of the scheme delivering promised benefits. Surely any negative funding effect could be rectified by future employer contributions, enabling benefits to be paid? The UT held otherwise, stating the test involves qualitative as well as quantitative evaluation, and observing that the cash drawn from the employer’s finance facility equated to about one-third of its total net assets at the time. That, together with the scheme’s significant deficit, meant the act ‘greatly increased the risk’ of benefits not being funded...

In this issue: Electricity and gas market regulation and licensing Renewable energy Conventional power, waste to energy, biomass, and CHP projects Oil and gas Nuclear energy International energy LexTalk®Energy: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing Ofgem consults on proposals for outturn performance metrics in RIIO-ED2 Ofgem is inviting feedback on the evaluation measures proposed for the new Distribution System Operation (DSO) incentive within the RIIO-ED2 price control for electricity distribution network operators. Its RIIO-ED2 Final Determinations outlined three elements: a stakeholder survey, a performance panel assessment, and three outturn performance metrics. The current consultation targets the outturn metric proposals. Electricity Distribution Network Operators and their stakeholders are encouraged to respond, as are other stakeholders and the public. The deadline for submissions is 15 March 2024. See: LNB News 16/02/2024 57. Ofgem publishes decision...

THIS PRACTICE NOTE APPLIES ONLY TO DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES When performing its functions, the Determinations Panel of the Pensions Regulator follows two distinct procedural pathways that must be observed, and must be followed at all times. These two sequences are known as the Standard Procedure and the Special Procedure. the Standard Procedure the Special Procedure As a reserved regulatory function of the Pensions Regulator, issuing a contribution notice or a financial support direction may only be carried out by the Determinations Panel using the Standard Procedure. The Special Procedure is adopted where there is a need to invoke the Regulator’s powers without delay to safeguard members’ interests or scheme assets. This route does not extend to contribution notices or financial support directions. For more detail on the Special Procedure, see The Pensions Regulator’s Determinations Panel—The Regulator’s procedures for exercising its functions. For additional information about the Panel, see Practice Note: The Pensions Regulator’s Determinations Panel. Stages of...

This marks the first time the findings of a WTO panel have been taken on appeal under the Multi-Party Interim Appeal Arbitration Arrangement (MPIA). The arbitrators confirmed most of the panel’s contested legal determinations. What are the practical implications of this case? As the first appeal of a panel report invoking Article 25 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (Dispute Settlement Understanding) in conjunction with the MPIA, it offers direction for future appeals overseen by the MPIA, see Practice Notes: Introduction to the World Trade Organization Dispute Settlement and Multi-party interim appeal arbitration arrangement. What was the background? This was an Article 25 Dispute Settlement Understanding appeal to the MPIA concerning selected issues of law and legal interpretation arising from the WTO panel report, Colombia—Anti-Dumping Duties on Frozen Fries from Belgium, Germany and the Netherlands. The panel, established on 29 June 2020, examined the EU’s allegation that Colombia acted contrary to the WTO Anti-dumping Agreement by imposing anti-dumping duties on...

THIS PRACTICE NOTE APPLIES TO TRUST-BASED OCCUPATIONAL PENSION SCHEMES This Practice Note considers the Pensions Regulator’s (the Regulator’s) powers to suspend or prohibit trustees of occupational pension schemes, and the statutory bases on which an individual or other legal person can be disqualified from acting as a trustee of an occupational pension scheme. Suspension and prohibition orders—reserved regulatory functions of the Regulator The Regulator’s powers to suspend or prohibit trustees of occupational pension schemes are: reserved regulatory functions exercised by the Regulator’s Determinations Panel and therefore subject to the standard procedure or, in special circumstances, the special procedure As part of the standard procedure, the Regulator must notify those persons who appear to be directly affected by a suspension or prohibition order that such an order is to be made. This will ordinarily include the continuing trustees of the relevant scheme. For further information on the Determinations Panel’s reserved regulatory functions, and on the standard and special procedures, see Practice...