Judgment on the preliminary issue of admissibility of an appeal against a decision of OFCOM to close its investigation into a contract between the BBC and BBC Broadcast (now Red Bee Media Limited) (“the case closure decision”).
The Tribunal held that the appeal against the case closure decision was inadmissible.
The Tribunal found that in, deciding to close its investigation, OFCOM genuinely abstained from expressing a firm view, one way or the other, on the question of infringement. Accordingly, the case closure decision did not fall within the Tribunal’s jurisdiction under sections 46 and 47 of the Competition Act 1998.
