Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Answer of 16 January 2018 to Question 122980, what assessment his Department has made of the cost that is likely be incurred by energy companies in challenging Ofgem’s decision on the setting of the cap by way of judicial review in comparison with the cost that is incurred by energy companies in appealing to the Competition and Markets Authority.

The draft Bill would place specific objectives on Ofgem to have regard to a number of factors when setting the price cap, including the need to ensure that energy suppliers who operate efficiently are able to finance their activities. The Bill also provides for Ofgem to consult on the setting of the cap. The Government is not in a position to assess or comment on the likely costs that might be incurred by third parties in relation to hypothetical legal challenges.