Superfast broadband price control appeal


Re: 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.

Rhodri Thompson QC, Nicholas Gibson and Anita Davies were involved in this case.