Ruling of the Tribunal on the preliminary issue framed by a previous decision of the Tribunal: [2007] CAT 26.
The Tribunal decided that the question of “whether the imposition of a price control on Hutchison 3G with effect from April 2007 is an appropriate and proportionate response to a finding of significant market power, or whether a remedy short of price control would be sufficient” was not a specified price control matter within the meaning of section 193 of the Communications Act 2003 and Rule 3 of the Competition Appeal Tribunal (Amendment and Communications Act Appeals) Rules 2004.
This matter was therefore one that fell to the Tribunal to determine, rather than a specified price control matter to be referred to the Competition Commission for determination.
