Advising on investigations, licence challenges and competition issues in regulated sectors.
How Michael can help
Michael has experience advising both regulators and regulated businesses on enforcement powers, licence conditions and statutory appeals. He acts in cases involving water, energy and financial services regulation, and is familiar with the commercial realities of operating in heavily regulated markets. He also advises on competition law, including anti-competitive practices and merger-related concerns.
His work includes acting in judicial reviews, advising on regulatory strategy, and appearing in proceedings involving statutory interpretation and procedural fairness.
Typical instructions include:
- Advising regulators on enforcement powers and compliance frameworks
- Acting for companies in challenges to licence modifications or penalties
- Supporting judicial reviews and appeals on regulatory grounds
- Advising on competition risks and market behaviours in regulated industries
Examples of work
- Currently advising a large social housing provider on potential referral to the Office Gas and Electricity Markets (Ofgem) to determine whether it is the responsibility of the local Distribution Network Operator to install and maintain electrical equipment in blocks of flats and shared houses.
- Advising the Water Services Regulation Authority (Ofwat) on modifications to water companies’ licences, including in relation to the impact of and requirements under the Competition Act 1998.
- Advising, with Thomas Sharpe KC, the Water Services Regulation Authority (Ofwat) in its review of amending the regime of settling price limits, including in relation to issues under the Competition Act 1998 (subsequently implemented).
- Advising the Water Services Regulation Authority (Ofwat) on appeals and potential appeals to the CAT relating to its periodic Price Review for water companies.
- Advising the Water Services Regulation Authority (Ofwat) on the introduction of the non-household retail market for water in England (commenced in April 2017) including in relation to requirements and implications under competition law.
- Advising a retail water and wastewater company on potential claims against the incumbent wholesale water company for abuse of dominant position including in relation to its practices in raising wholesale charges.
- Advising on the implementation and operation of the Balancing and Settlement Code for electricity balancing under Commission Regulation (EU) 2017/2195.
- Advising Ofgem on the introduction of the Renewable Heat Incentive Regulations 2011.
- Advising, with Thomas Sharpe KC, the Water Services Regulation Authority (Ofwat) on various regulatory issues arising from the Thames Tideway Scheme.
- Advising, with Thomas Sharpe KC, the Water Services Regulation Authority (Ofwat) on its powers and duties of enforcement under sections 18, 19 and 22A of the Water Industry Act 1991.
- Advising and acting as an appointed investigator for the Enforcement Division of the Financial Conduct Authority (FCA) in investigations including in relation to alleged non-financial misconduct.
- Preparing and conducting compelled interviews on behalf of the Financial Conduct Authority.