The UK Supreme Court restores finding that Ofcom overstepped its regulatory powers under the Framework Directive with respect to a carrier’s termination charges to other mobile carriers (BT v Telefónica and others)

On 9 July 2014, the UK Supreme Court handed down its judgment in BT v Telefónica and others [1], restoring earlier judgments by the Competition Appeal Tribunal (the “CAT”) in August 2011 [ [2011] CAT 24; [2011] CAT 26.]], which was overturned by the Court of Appeal on 25 July 2012 [2]. The judgments concern decisions made in 2010 by the Office of Communications (“Ofcom”), the main regulatory body for the UK telecommunications sector, to prohibit the introduction of a new charging scheme by BT aimed at mobile network operators (“mobile networks”) using its non-geographic fixed line numbers. Background BT is entitled to collect a termination charge from mobile networks for calls placed through its 080, 0845 and 0870 non-geographic fixed line numbers. In order to recover their costs and

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Emile Abdul-Wahab, The UK Supreme Court restores finding that Ofcom overstepped its regulatory powers under the Framework Directive with respect to a carrier’s termination charges to other mobile carriers (BT v Telefónica and others), 9 July 2014, e-Competitions July 2014, Art. N° 68702

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