IMS / Red Bee Media dispute moves to CAT

Competition Appeal Tribunal summary (2 pages, PDF) of an appeal by Independent Media Support (IMS) against Ofcom's May 2007 decision to close its investigation into the Article 81 compatibility of Red Bee Media's contracts with the BBC and Channel 4.

Ofcom purported to close the Article 81 part of the case on the grounds of administrative priorities only, without reaching a decision on the substance. IMS alleges that the decision is appealable to the Competition Appeal Tribunal, i.e. that Ofcom in fact decided that the contracts did not infringe Article 81 or the corresponding part of the Competition Act 1998. IMS further alleges that Ofcom was wrong to take that view.

The Tribunal is likely to rule first on the question of admissibility (whether Ofcom has made an appealable decision).

For further information or advice please contact Franck Latrémolière.

Filed under Article 81, BBC, CAT, Media, Ofcom.

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