Hutchison 3G UK v Ofcom [2008] CAT 16

Competition Appeal Tribunal judgment (8 pages, PDF) granting the mobile phone operator Three (Hutchison 3G UK) permission to appeal against the Tribunal's May 2008 judgment (117 pages, PDF) that had endorsed Ofcom's view that Three had significant market power in terminating calls on its network. The issues to be considered by the Court of Appeal include countervailing buyer power and the impact of regulatory dispute resolution procedures on the analysis of significant market power under the Communications Act 2003.

If Three is successful then the current reference of its mobile termination rates to the Competition Commission (intended to result in a price control) will be cancelled.

For further information or advice please contact Franck Latrémolière.

Filed under CAT, Ofcom.

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