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Telefonica O2 UK Ltd and Others v British Telecommunications Plc and Another: CA 25 Jul 2012

BT had introduced a new tarriff for termination charges in respect of calls made from mobile phones to 08 numbers.
Held: The Court overruled the CAT and restored the decision of Ofcom. The CAT had been wrong to attach weight to their view that a restraint on BT’s freedom to set its own charges would itself distort competition, and wrong to attach weight to the fact that BT, not having significant market power in a relevant market, was not subject to ex ante control of its prices on competition grounds.

Judges:

Lloyd, Etherton, Elias LJJ

Citations:

[2012] EWCA Civ 1002

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromTelefonica O2 Uk Ltd v Office of Communications and Another CAT 7-Oct-2010
OFCOM had disallowed a new termination tarriff imposed by BT on mobile network operators.
Held: The appeal succeeded. BT had the right to vary its charges subject to compiance with the appropriate European objectives and directives. Since the . .

Cited by:

Appeal fromBritish Telecommunications Plc v Telefonica O2 UK Ltd SC 9-Jul-2014
The parties disputed the termination charges which BT was entitled to charge to mobile network operators for putting calls from the latter’s networks through to BT fixed lines with associated 08 numbers. BT had introduced new tariff charges.
Lists of cited by and citing cases may be incomplete.

Media, Commercial, Utilities

Updated: 04 November 2022; Ref: scu.463312

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