Ruling disposing of the appeal. On 27 March 2013, the Competition Commission (the “Commission”) notified the Tribunal of its determination of the reference questions. The Commission rejected some of the challenges raised by the Appellants but found that some of the challenges to Ofcom’s decision entitled “Charge control review for LLU [Local Loop Unbundling] and WLR [Wholesale Line Rental] services: Statement” (the “LLU and WLR decision”) were well founded.
Upon none of the parties seeking to challenge the Commission’s determination, 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 Appellants’ appeals which were encapsulated in: (a) reference questions 1(i) and (ii) of British Sky Broadcasting Limited and Talktalk Telecom Group PLC’S appeal; and (b) reference questions 1(ii), (iv), (vi) and (vii) of British Telecommunications PLC’S appeal, to the extent found in the determination. The Tribunal dismissed the other grounds of appeal. The Tribunal accordingly remitted the LLU and WLR decision to Ofcom pursuant to section 195(4) of the Communications Act 2003 with the directions set out in the Annex to the Ruling.
