The UK Competition Appeal Tribunal dismisses an appeal attempting to challenge the ’value judgements’ made by OFCOM, following an investigation into the business connectivity services market (Colt)

Background On 26 November 2013, the Competition Appeal Tribunal (the “CAT”) dismissed an appeal brought by Colt Technology Services (“Colt”) against the Office of Communications (“OFCOM”) under Section 192 of the Communications Act 2003 (the “Act”). The appeal follows the publication of OFCOM’s Business Connectivity Market Review (the “Market Review”), published on 28 March 2013, which found that BT held significant market power (“SMP”) within various markets for the supply of business connectivity services. [1] The appeal centres on one specific conclusion drawn from the Market Review regarding the retail and wholesale markets for leased line services in the UK, where BT shares an estimated 82% of the volume for wholesale supply. Colt, a purchaser of leased line services at the wholesale level,

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Emile Abdul-Wahab, The UK Competition Appeal Tribunal dismisses an appeal attempting to challenge the ’value judgements’ made by OFCOM, following an investigation into the business connectivity services market (Colt), 26 November 2013, e-Competitions November 2013, Art. N° 63571

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