1112/3/3/09 Cable & Wireless UK v Office of Communications (Leased Lines Charge Control)

Summary of appeal published 8 September 2009. A case management conference took place on 1 October 2009 when British Telecommunications plc and Verizon UK Limited were granted permission to intervene. On 16 December 2009 the Tribunal made an Order referring to the Competition Commission the specified price control matters raised in the appeal. On 30 June 2010, the Competition Commission published its final determination.

The Competition Commission rejected many of the challenges raised by the Appellant but found that some of the challenges to the LLCC Statement were well founded. Although BT initially indicated that it wished to challenge the Competition Commission’s determination on reference question 2(aa), BT withdrew that challenge and the Tribunal decided that no aspects of the determination fell to be set aside on the application of judicial review principles. In its Ruling handed down on 20 September 2010, the Tribunal therefore upheld those grounds of the Appellant’s appeal which were encapsulated in reference questions 2(aa), 3(c), 4(a)(i), 4(a)(iii) and 4(b)(i) to the extent set out in the Determination, and dismissed the other grounds of appeal. The Tribunal accordingly remitted the LLCC Statement to OFCOM pursuant to section 195(4) of the Communications Act 2003 with the directions set out in the Annex to the Ruling.

Cable & Wireless 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 by its Ruling of 20 September 2010 the Tribunal granted permission for that amendment under rule 11 of the Tribunal’s Rules.

This case has now been archived.