Ruling of the Tribunal setting out it reasons for granting Hutchison 3G UK Limited (“H3G”) permission, in part, to appeal against the Tribunal’s judgment of 20 May 2008 ([2008] CAT 11).
The Tribunal concluded that it was right to grant permission in this case in relation to certain of the grounds advanced by H3G. Those grounds raised points of law on the proper construction of the Communications Act 2003 and fundamental points on the inter-relationship of different aspects of the electronic communications regulatory framework.
Furthermore, the points raised were key to the proper conduct by OFCOM of all future analyses carried out under these statutory provisions not only of the markets in question in this case but of other markets which OFCOM is required by Community law to investigate.
The Tribunal limited H3G’s permission to appeal to three of the five grounds advanced, on the basis that the other two grounds did not raise points of law and did not have a real prospect of success.
