Ruling (Disposal of appeals)

Ruling disposing of the appeals in Case 1237/3/3/15 (“TalkTalk’s Appeal”) and Case 1238/3/3/15 (“BT’s Appeal”) in accordance with the determination of the Competition and Markets Authority (“CMA”) notified to the Tribunal and the parties on 13 June 2016. Since no party sought to challenge that 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 the ground of BT’s Appeal that was encapsulated in reference question 3(b) to the extent found in the CMA’s determination; the remaining grounds in BT’s Appeal and all the grounds in TalkTalk’s Appeal were dismissed. Directions to OFCOM as to how the error in respect of reference question 3(b) must be corrected are set out in the order that accompanies the Ruling.