IMS v Ofcom (Channel 4 contract) [2008] CAT 13

Competition Appeal Tribunal judgment (39 pages, PDF) rejecting an appeal by Independent Media Support against an Ofcom decision that BBC Broadcast (now Red Bee Media) had not infringed competition law in providing access services to Channel 4 under a contract with exclusivity terms.

The Tribunal agreed with Ofcom that BBC Broadcast did not have a relevant dominant position at the start of the Channel 4 contract, and that the effects on competition of the vertical restraint were not appreciable because the market was not "foreclosed" (first Delimitis condition).

Other IMS complaints about Ofcom's investigation were found inadmissible in October 2007.

For further information or advice please contact Franck Latrémolière.

Filed under CAT, Media, Ofcom.

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