This Ruling addresses questions of admissibility of new reasons and new evidence which the interveners in support of Ofcom (Hutchison 3G UK Limited and Telefónica UK Limited (together “the MNO Interveners”)), have sought to adduce in these proceedings.
The Ruling: (i) identifies the points in issue on the pleadings, the points that the MNO Interveners have sought to put in issue and the new evidence on which they wish to rely; (ii) articulates the principles that the Tribunal considers should be applied when deciding such questions of admissibility; and (iii) applies the principles to the new reasons and new evidence that the MNO Interveners have sought to adduce.
Applying those principles, the Tribunal has given permission for the MNO Interveners to adduce new evidence in relation to Principle 3 (the question of whether ladder pricing in respect of the relevant Network Charge Change Notices (the “NCCNs”) is reasonably practical to implement). This question was left open by Ofcom when it determined the dispute between British Telecommunications PLC (“BT”) and the MNO Interveners. The MNO Interveners were not given permission to raise new points relating to their contractual arrangements with BT, and they were not permitted to adduce new evidence in relation to Principle 2 (the question of whether ladder pricing in respect of the relevant NCCNs might adversely affect consumer welfare).
In due course directions will be given for the determination by the Tribunal of Principle 3.
