Status
Summary of appeal published on 27 July 2009. By an Order dated 18 August 2009 Sky and BT were granted permission to intervene. A case management conference took place on 25 September 2009 at which the Tribunal gave a ruling on the future course of the proceedings.
A hearing took place on 2 November 2009 at which Carphone Warehouse was granted permission to amend its notice of appeal. The Tribunal’s ruling in relation to the application to amend the notice of appeal was handed down on 23 November 2009. A case management conference to consider the formulation of the questions to be referred to the Competition Commission took place on 27 November 2009 at which the Tribunal made an Order referring to the Competition Commission the specified price control matters raised in the appeal (see the Tribunal’s Order of 18 February 2010 extending the period for the determination of that reference). A further hearing took place on 16 December 2009 to hear an application by Carphone Warehouse for disclosure of certain information to one of its executives. In its ruling handed down on 29 December 2009, the Tribunal unanimously dismissed the application for disclosure.
By reasoned Order of 17 March 2010 (amended by further Order on 19 March 2010 and 1 April 2010) the Chairman directed that BT disclose unredacted versions of certain documents, which had previously been produced to Carphone Warehouse in redacted form, to the Competition Commission and directed the Competition Commission to write to the Tribunal indicating whether the documents are relevant and whether in its view they should be disclosed to the confidentiality ring.
On 24 March 2010, the parties notified the Tribunal that they had agreed to settle the non-price control matters arising in the appeal. A hearing took place on 25 March 2010 to consider the appropriate form of Order to give effect to the proposed settlement. On 26 March 2010, the Tribunal made an Order under Rule 57 of the Tribunal’s Rules granting Carphone Warehouse permission to withdraw the non-price control matters arising in the appeal and vacating the proposed hearing of the non-price control matters.
On 31 August 2010, the Competition Commission published its final determination in relation to the specific price control matters raised in the appeal. The Competition Commission rejected some of the challenges raised by the Appellant but found that some of the challenges to the LLU decision were well founded.
Upon none of the parties seeking to challenge the Competition Commission’s determination, the Tribunal decided that no aspects of the determination fell to be set aside on the application of judicial review principles. In its Ruling of 11 October 2010 disposing of the proceedings, the Tribunal therefore upheld those grounds of the Appellant’s appeal which were encapsulated in reference questions 1(i), 1(v), and 2 to the extent set out in the Determination, and dismissed the other grounds of appeal. The Tribunal accordingly remitted the LLU Decision to OFCOM pursuant to section 195(4) of the Communications Act 2003 with the directions set out in the Annex to the Ruling.
Carphone Warehouse applied for permission to amend its Notice of Appeal, having decided not to pursue its request for an adjustment to the price control to reflect the overpayment for BT services, and the Tribunal granted permission for that amendment under rule 11 of the Tribunal’s Rules.
This case has now been archived.
