Downstream meaning

Checklist Intensifying geopolitical conflict — including open hostilities, regional volatility, cyber interference and closure of sea lanes — can exert rapid, multifaceted strain on energy-sector contracts. This checklist offers a structured, practical approach to evaluating force majeure (FM) risk in an active conflict or war setting, and to judging whether FM can be effectively invoked under English law. It also maps how that assessment intersects with frustration and contractual termination rights, and sets out drafting considerations for parties to weigh in future transactions so that FM provisions expressly address war risks. It is intended for legal and commercial teams operating across oil and gas, LNG, trading, infrastructure and energy supply chains, where disruption frequently stems from direct physical impossibility at the point of delivery, or indirectly via upstream or downstream domino effects. The objective is not solely to test the viability of an FM claim, but also to enable informed, risk-aware choices in rapidly evolving conflict environments. This checklist focuses on FM arising from war-related physical and operational disruption....

In this issue: Air emissions and climate change Energy for environmental lawyers Environmental disputes and proceedings Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Air emissions and climate change DESNZ releases quarterly waste data reporting template for the UK ETS. The Department for Energy Security and Net Zero (DESNZ) has issued a template for quarterly waste data submissions under the UK Emissions Trading Scheme (UK ETS). It is designed for waste operators to use when sending quarterly data reports to their regulator during the voluntary monitoring, reporting and verification (MRV) period. See: LNB News 19/02/2026 50. AFME responds to European Commission consultation on climate resilience legislative framework. The Association for Financial Markets in Europe (AFME) has provided...

In this issue Electricity and gas market regulation and licensing Renewable energy Nuclear energy Air emissions, efficiency, and climate change 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 has confirmed changes to the Regulatory Financial Performance Reporting (RFPR) template and guidance for RIIO‑2, intended to sharpen and clarify what network licensees must report. The revisions apply from 28 June 2024 and follow Ofgem’s earlier notice proposing amendments to the RFPR template and guidance for RIIO‑2. See: LNB News 01/07/2024 9. Electricity Code Modifications: National Grid ESO’s Modification Tracker now brings together all live changes to the Connection and Use of System Code (CUSC), the Grid Code (GD), the System Owner -Transmission Owner Code (STC) and the Security and Quality Supply Standard (SQSS). The tracker outlines each proposal’s purpose, the stakeholders impacted, Panel views...

In this issue: Data protection ePrivacy Cybersecurity Daily and weekly news alerts New and updated content Data protection Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 SI 2026/386: These Regulations amend 39 pieces of UK primary legislation, 16 pieces of UK secondary legislation, and five pieces of assimilated direct legislation concerning data protection. They introduce a range of changes arising from sections 117, 118 and 119(1) of the Data (Use and Access) Act 2025 (DUAA 2025). Made under the DUAA 2025 in relation to assimilated law, they commence partly before DUAA 2025, s 119 is fully in force, and take full effect once DUAA 2025, s 119 (transfer of functions to the Information Commission) is wholly commenced. (Updated from draft on 31 March 2026.) See: LNB News 05/02/2026 22. EDPB publishes case digest on legitimate interest legal basis under EU GDPR The European Data Protection Board (EDPB) has issued a one-stop-shop...

Margin squeeze Margin squeeze is a form of exclusionary behaviour aimed at rivals, intended to remove them or undermine their viability—either by driving them from the market or by deterring entry at the outset. Where a vertically integrated firm holds a dominant position in an upstream market for a vital input and also supplies that input to wholesale customers who compete at retail, it can have both the means and the incentive to exclude those competitors from the downstream market. The dominant firm compresses retail rivals’ margins by setting a high wholesale charge, a low retail price, or a mix of the two, thereby narrowing the gap between the cost of essential inputs and the price attainable in the retail market. Consequently, the spread between the dominant undertaking’s retail price for the product or service and the wholesale price it levies on its rivals is insufficient to allow an efficient retail rival to compete effectively. This weakening of effective competition downstream can, in turn, result in higher prices, diminished...

CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 2 September 2013; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline the European Commission’s merger investigation into the proposed acquisition by Nynas of Shell’s Harburg refinery assets (Case M.6360). Latest developments On 2 September 2013, the Commission granted unconditional clearance, relying on the failing firm defence. The clearance was granted without conditions. The transaction was notified to the Commission on 19 February 2013 and was sent to a phase II investigation on 26 March 2013. Parties Nynas – manufactures and markets naphthenic base oils for industrial lubricants, process oils and TFO; it is jointly owned and controlled by Petróleos de Venezuela SA (Venezuela) and Neste Oil Oyj (Finland). Shell – the ultimate parent is Royal Dutch Shell plc; a fully integrated worldwide energy and petrochemicals group engaged in upstream and downstream activities, from exploration and...

CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the judgment of 17 February 2011; it is no longer maintained. See further: timeline, related/relevant cases and commentary Case facts Outline A request for a preliminary ruling under Article 267 TFEU was referred by the Stockholm District Court to the Court of Justice, addressing how Article 102 TFEU applies in a margin squeeze scenario. The Court of Justice handed down its judgment on 17/02/2011. The TeliaSonera case forms part of a series of notable and high‑profile European matters concerning broadband provision by former national incumbents in newly liberalised telecommunications markets, and has helped confirm, among other points, that a ‘margin squeeze’ constitutes a stand‑alone abuse, capable of existing without additional exclusionary measures. Parties TeliaSonera Sverige AB (TeliaSonera) Stockholms tingsrätt (Stockholm District Court) Swedish National Competition Authority (Konkurrensverket) Market(s) The Swedish wholesale market for regional and national access to broadband Internet. Background to reference...