The Competition and Markets Authority has published its provisional findings from its redetermination in appeals by four water companies against Ofwat’s proposed 2020-25 price controls.

The price controls published by Ofwat for 2020-25 in December 2019 (PR19) set out the total amount water companies can charge for water in that period.

Ofwat described its price review as aiming to challenge companies to deliver stretching improvements in service quality, to save money by becoming more efficient, and to pass those savings on to their customers, while at the same time substantially improving their performance.

The regulator set an allowed rate of return at a level that was low against historical standards, but that it considered allowed the water companies to finance themselves.

Ofwat subsequently faced an unprecedented number of appeals against the final determinations when the four companies – Anglian, Bristol, Northumbrian and Yorkshire - asked the Competition and Markets Authority (CMA) to redetermine Ofwat’s price controls.

In its summary report, the CMA says the main reasons the water companies rejected Ofwat’s price controls included that they believed Ofwat had:

• not provided enough funding to deliver plans including expenditure to improve resilience
• failed to recognise the link between costs incurred and delivering higher levels of service
• set the cost of capital too low to provide a reasonable level of return for investors
• not given enough weight to customer views
• increased levels of financial risk to companies

The CMA received also representations from third parties arguing that Ofwat should have been tougher in some areas.

As part of a consultation, the CMA has today published its provisional conclusions on the price controls for the individual companies.

CMA allows the water companies limited additional costs

The CMA came to similar conclusions to Ofwat on many issues. It found that the 4 companies should be subject to a challenging set of performance targets while keeping bills low for customers, but the CMA has also allowed the water companies limited additional costs.

The CMA has provisionally:

• provided more funding to the water companies for some projects to address challenges to resilience because of climate change and demand growth
• provided funding to the companies to support a reduction in leaks from water networks
• re-balanced the ways the companies are incentivised to better promote improvements in efficiency and service quality
• made an adjustment to the allowed rate of return to investors to reflect market evidence and best regulatory practice, with a view to ensuring continued investment in the sector

The CMA has set the allowed rate of return 0.54 per cent higher than Ofwat’s PR19 Final Determination and also allowed an uplift in overall totex allowance for all four companies.

The allowed rate of return in the CMA’s provisional findings is lower than in previous recent water price controls. This largely reflects market movements and means that customers will still receive lower bills in the CMA’s provisional findings for the 2020-2025 price review, although they will be higher than those under Ofwat’s price control. This reflects the judgements the CMA has made about financing investments that are needed in the sector both now and in the future.

With regard to the coronavirus (COVID-19), as the full impact of the pandemic on the industry will not be known for some time and will not be only felt by the companies that appealed, the CMA proposes that Ofwat take this into account as part of its ongoing work.

To reach its provisional findings, the CMA used existing and new evidence, including updated market data, submissions from the main parties and third parties, reviews of business plans and specific projects, and the advice of engineering consultants.

Kip Meek, Chair of the CMA Inquiry Group, said:

“We’ve looked closely at all the evidence provided by Ofwat, the disputing water companies and third parties. While we came to similar decisions as Ofwat on many issues, we think the water companies need to be provided with more revenue to secure continued investment in the sector.

“We have sought to ensure that our provisional findings strike the right balance between bill reductions and the interests of current and future customers in resilient infrastructure, particularly in the face of climate change.

“We consider our position is balanced and supported by the evidence before us. We welcome further input before finalising our redeterminations.”

Ofwat - “We respect the CMA and will look closely at their analysis before submitting further evidence"

Responding to the provisional findings from the CMA, Rachel Fletcher, CEO at Ofwat, said:

“We wanted this price review to be demanding, making companies more efficient, improving their performance for customers, and closing off easy returns for investors. Our aim is for companies to give everyone the high quality and resilient services they deserve, while looking after the natural world and keeping bills affordable.

“To support companies in making this transformation, we have sanctioned customer funding of more than £50bn over the next five years. Nonetheless, our final determinations demanded a step change from the sector, so it is unsurprising that four companies considered the challenge uncomfortable.

“We are already seeing examples of positive change from that challenge: last year saw the biggest reduction in leakage for over two decades, bills are falling, and the best performing companies are already on track to make significant improvements in service.

“We respect the CMA and will look closely at their analysis before submitting further evidence to inform their final decision in December. Over the coming weeks we will make the case to the CMA to ensure customers get a good outcome, and that it is not too easy for investors to make returns in this sector.

“In the meantime, our focus will remain on pushing companies to deliver more for customers and the environment and we will continue to hold them to account for doing so.”

The CMA will now consult on the provisional findings before publishing its final decision. The consultation will be open for 4 weeks – deadline for submissions (which should be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) is 9am on 27 October 2020.

Click here to download the CMA Summary of provisional findings report