Source: All England Reporter
Publisher Citation: [2005] All ER (D) 396 (Nov)
Neutral Citation: [2005] CAT 39
Court: Competition Appeal Tribunal

Mann J, Mr A Scott and Professor P Stoneman

Representation Nicholas Green QC (instructed by Freshfields Bruckhaus Deringer) for the appellant.
  Peter Roth QC and Kassie Smith (instructed by the Director of Legal Services (Competition), Office of Communications) for the respondent.
  Gerald Barling QC and Sarah Stevens (instructed by BT Legal) for the intervener.
Judgment Dates: 29 November 2005


Telecommunications - Competition - Significant market power - Respondent holding that appellant having significant market power markets for mobile wholesale voice call termination - Appeal - Whether respondent justified in reaching conclusion - , s 192.

The Case

On an appeal, pursuant to s192 of the against a decision of the Office of Communications (OFCOM) by which it determined that there was no effective competition in the markets for mobile wholesale voice call termination and that, accordingly, the appellant had significant market power, the Competition Appeal Tribunal held that the reasoning of OFCOM had been flawed. The appeal would therefore be allowed.

Practice Areas

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