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, CAT, Ofcom, OFT, UK courts, UK Courts: abuse of dominant position.
