The UK Competition Appeal Tribunal dismisses an appeal against an Ofcom decision which found that a telecom operator had not infringed Art. 82 EC nor Chapt. II prohibition of the UK Competition Act by disconnecting access to SIM cards (Vodafone / Floe Telecom)

Background On 31 August 2006, the Competition Appeal Tribunal (the “Tribunal”) dismissed an appeal by Floe Telecom Limited (in administration) (“Floe”) against a decision of the Office of Communications (“OFCOM”) dated 28 June 2005 that Vodafone Limited (“Vodafone”) had not infringed section 18 (the “Chapter II prohibition”) of the Competition Act 1998. This is the second time that the Tribunal has considered a decision of a competition authority in relation to a complaint by Floe. Floe first complained to the Director General of Telecommunications (the “Director”) on 18 July 2003, and on 3 November 2003 the Director issued his decision (the “First Decision”) that Vodafone had not infringed the Chapter II prohibition. Floe appealed to the Tribunal on 2 January 2004. In its judgment of 19

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  • Hogan Lovells (London)

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Alexandra Brown, The UK Competition Appeal Tribunal dismisses an appeal against an Ofcom decision which found that a telecom operator had not infringed Art. 82 EC nor Chapt. II prohibition of the UK Competition Act by disconnecting access to SIM cards (Vodafone / Floe Telecom), 31 August 2006, e-Competitions August 2006, Art. N° 12419

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