Ruling disposing of the appeal. On 30 June 2010, the Competition Commission notified the Tribunal of its determination of the reference questions. 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. 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 the Tribunal granted permission for that amendment under rule 11 of the Tribunal’s Rules.
