Summary of appeal published on 1 June 2007. On 10 July 2007, the Tribunal granted permission to intervene to T-Mobile (UK) Limited, O2 (UK) Limited, British Telecommunications plc, Vodafone Limited and Orange Personal Communications Services Limited. A case management conference took place on 26 July 2007. On 15 August 2007, the Tribunal made a Ruling on the formulation of the preliminary issue. The hearing of the preliminary issue took place on 19 September 2007 and a Ruling was handed down on 4 October 2007. On 6 November 2007, a case management conference took place at which Hutchison 3G UK Limited (H3G) was granted, in part, permission to amend its notice of appeal and adduce further evidence. The Tribunal's Ruling giving reasons for that decision was handed down on 23 November 2007. A case management conference took place on 17 December 2007.
On 15 January 2008, the Tribunal made a ruling refusing H3G permission to appeal against the Tribunal's decision rejecting a further application by H3G to amend its Notice of Appeal and/or to serve a Reply to the Respondent's Defence on price control matters. The main hearing of the non-price control matters raised in the appeal took place from 24 January to 5 February 2008. A further case management conference on price control matters took place on 25 February 2008. The Tribunal's ruling on the reference of specified price control matters to the Competition Commission was handed down on 18 March 2008. A further case management conference took place on 21 April 2008.
The Tribunal's judgment on the non price control matters raised in the appeal and a ruling on the admissibility of H3G's pleadings on price control matters were handed down on 20 May 2008. On 23 July 2008 the Tribunal granted H3G permission to appeal in respect of the judgment on non price control matters. A ruling on an application by T-Mobile to amend its statement of intervention was handed down on 23 September 2008.
The Competition Commission issued its determination of the specified price control matters on 16 January 2009. A non-confidential version of the determination was published on 22 January 2009.
A case management conference took place on 2 February 2009.
Final judgment was handed down on 2 April 2009 in which the Tribunal unanimously decided that in accordance with the CC’s determination of specified price control matters dated 16 January 2009, H3G’s appeal should be dismissed. The Tribunal concluded that BT’s appeal should be upheld to the extent set out in the CC’s determination. The Tribunal also ordered that the decision under appeal be remitted back to OFCOM with directions which the Tribunal considered appropriate for giving effect to its decision.
The Tribunal granted permission for T-Mobile, Orange, O2 and Vodafone to appeal in its decision of 26 May 2009.
On 5 June 2009 the Tribunal extended the time for filing a respondent’s notice at the Court of Appeal to 7 July 2009.
On 16 July 2009 the Court of Appeal dismissed H3G’s appeal against OFCOM’s finding that H3G has significant market power in the market for MCT on its network.
On 26 May 2009, the Tribunal granted the interveners permission to appeal against the Tribunal’s judgments handed down on 22 January 2009 ([2009] CAT 1) and/or the Tribunal’s judgment handed down on 2 April 2009 ([2009] CAT 11). The Court of Appeal handed down its judgment on 20 April 2010. It allowed the appeal, finding that the Tribunal did not have the power to direct Ofcom to amend the price control with retrospective effect.
This case has now been archived.
