The UK CAT holds that in determining disputes the telecommunications regulator failed to address the real content of the disputes and assesses what the role of a regulator should be (T-Mobile, British Telecommunications, Hutchison 3G, Cable & Wireless UK & ORS, Vodafone)

The background of this case This case is an appeal from a determination made by OFCOM under its dispute resolution powers [1] . It is only a judgment on the core issues and not on the entire case. Here the CAT will only deal with important questions of law. This case deals with two types of disputes : a) The BT disputes The BT disputes relates to the decision of MNOs [2] to charge a "blended rat" [3] for mobile call termination on 3G networks exceeding the cap imposed by OFCOM. Vodaphone was the first MNO to introduce such a rate. Negotiations took place between BT and other MNOs but BT decided to challenge the introduction of blended rates after having accepted Vodaphone and Orange's blended rates. In sum the BT disputes concern to types of disputes: "the disputes involving

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  • University of Aix-Marseille

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Thomas Perroud, The UK CAT holds that in determining disputes the telecommunications regulator failed to address the real content of the disputes and assesses what the role of a regulator should be (T-Mobile, British Telecommunications, Hutchison 3G, Cable & Wireless UK & ORS, Vodafone), 20 May 2008, e-Competitions May 2008, Art. N° 23293

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