1238/3/3/15 British Telecommunications Plc v Office of Communications (VULA)

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Summary of appeal published on 22 May 2015.

A case management conference in respect of this case and Case 1237/3/3/15 took place on 18 June 2015. A ruling concerning matters considered at the case management conference was given on 29 June 2015. By an Order dated 17 July 2015, the Chairman made various directions concerning the future conduct of the case. On the same date, the Chairman also made an order establishing a confidentiality ring in the proceedings.

A hearing in respect of the non-specified price control matters took place on 9-16 December 2015. Judgment was given on 24 March 2016 dismissing this aspect of BT’s appeal.

By order of 5 January 2016 specified price control matters were referred to the Competition and Markets Authority (the “CMA”). The CMA notified the parties and the Tribunal of its final determination in relation to the referred matters on 13 June 2016. A non-confidential version of the CMA’s final determination was published on 20 June 2016. The CMA found an error in respect of reference question 3(b); guidance was given as to how this error should be corrected.

On 5 July 2016 the Tribunal was informed that none of the parties wished to challenge the CMA’s determination under section 193(7) of the Communications Act 2003. On 25 July 2016, the Tribunal issued a ruling disposing of the appeal in accordance with the CMA’s determination; directions to OFCOM are set out in the order that accompanies the ruling.

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