1085/3/3/07 British Telecommunications plc v Office of Communications (Mobile Call Termination)

British Telecommunications plc v Office of Communications (Mobile Call Termination)

Case number:

1085/3/3/07 Registered: 29/5/2007

Tribunal:

Status:

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, Hutchison 3G (UK) Limited, Vodafone Limited and Orange Personal Communications Services Limited. A case management conference took place on 26 July 2007. A further case
management conference took place on 17 December 2007. A ruling granting BT permission to amend its notice of appeal was handed down on 17 December 2007. A further case management conference 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. A ruling on the admissibility of Hutchison 3G UK's pleadings was handed down on 20 May 2008.

A further case management conference took place on 4, 5 and 12 December 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 and a judgment on the scope of the Tribunal’s powers on disposal of the appeal was handed down 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 to 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 20 April 2010 the Court of Appeal provided guidance as to the Tribunal's powers and duties as to the disposal of appeals under the Communications Act 2003.

This case has now been archived.

Diary events for this case:

  • There are currently no forthcoming diary events for this case.
  • 4 Dec 2008 | 2pm - Case management conference
  • 12 Dec 2008 | 10am - Case management conference
  • 22 Jan 2009 | 10am - Interim Judgment (Tribunal’s Powers on Disposal)
  • 2 Feb 2009 | 10.30am - Case management conference
  • 24 Mar 2009 | 10.30am - Hearing
  • 2 Apr 2009 | 12pm - Handing down

Case documents: