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Court: Competition Appeal Tribunal

Superfast broadband price control appeal

British Telecommunications PLC v Office of Communications (VULA) [2016] CAT 3

BT challenged Ofcom’s decision to impose a price control regulating the Virtual Unbundled Local Access (VULA) margin. The CAT rejected BT’s challenge that Ofcom erred in its approach to and in the analysis of its market research. It was not persuaded that the CJEU case law on margin squeeze under the TFEU, art 102, was applicable. The CMA are still deciding two appeals that were referred from the CAT on this matter.

BT ordered to repay overcharged internet providers by Court as appeal is dismissed

British Telecommunications plc & Ors v Ofcom [2014] CAT 14

In 2008 Ofcom published a report in which it concluded that BT had significant market power in the alternative interface symmetric broadband origination (AISBO) market. As a result it imposed a number of conditions on BT, including condition HH3.1, which meant that BT had to satisfy Ofcom as to the reasonableness of their charges to […]