The UK Court of Appeal clarifies the rules regarding “on the merit” appeals and underlines in red the “insuperable task” that parties challenging competition authority decisions must overcome (Everything Everywhere)

Everything Everywhere v Competition Commission [1] was an appeal brought by the UK's mobile telephone operator, Everything Everywhere Ltd (the “Appellant”), following the Competition Appeal Tribunal's (the “Tribunal”) ruling in May 2012 [2]. The Court of Appeal (the “Court”) dismissed the appeal in favour of the Competition Commission (the “Commission”), in which the Appellant sought to challenge the Commission's decision as a judicial misdirection of law. This case offers guidance over so called “on the merits” cases whereby the judicial determination of specialist institutions such as Ofcom, the Commission and the Tribunal are brought into question. Background Mobile telephone operators impose a wholesale charge known as 'mobile termination rates' (“MTR”) after receiving an incoming call.

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  • The University of Manchester

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Emile Abdul-Wahab, The UK Court of Appeal clarifies the rules regarding “on the merit” appeals and underlines in red the “insuperable task” that parties challenging competition authority decisions must overcome (Everything Everywhere), 6 March 2013, e-Competitions Bulletin March 2013, Art. N° 51811

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