Ofcom & OFT v Floe Telecom [2006] EWCA Civ 768

Court of Appeal judgment (about 16 pages) on an appeal by Ofcom (supported by OFT) against a judgment of the Competition Appeal Tribunal (CAT) in which the Tribunal held that it was entitled to remit a case to Ofcom for re-investigation with a time limit for reaching a new draft decision. Ofcom and OFT succeeded in establishing the principle that CAT does not have the power to impose such a time limit. However, the court also clarified that CAT could keep control of the timing of proceedings by making a reference to the regulator on specific questions instead of remitting the whole case for a fresh decision by the regulator.

For further information or advice please contact Franck Latrémolière.

Filed under Article 82, Ofcom, OFT, UK courts.

Reckon LLP is an economics consultancy with expertise in data analysis, economic regulation and competition law.

About Reckon