The UK Competition Appeal Tribunal holds that interveners may be in the same position as appellants, and that the test for admitting new grounds is substantially the same as that for fresh evidence (British Telecommunications / OFCOM)

Fresh grounds and evidence before the CAT* On the face of it, BT was the main winner in this week’s ruling from the Competition Appeal Tribunal: see British Telecommunications plc v Office of Communications [2015] CAT 6. However, the decision, which makes interesting comments on the rights of parties to adduce new grounds and evidence on an appeal, raises important notes of caution to all parties which may wish to appeal or intervene in future cases. The case is the latest stage in the disputes between BT and various mobile network operators (“MNOs”) over BT’s wholesale termination charges. This particular dispute had been resolved by Ofcom in favour of the MNOs, pursuant to its dispute

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  • Blackstone Chambers (London)

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Tom Coates, The UK Competition Appeal Tribunal holds that interveners may be in the same position as appellants, and that the test for admitting new grounds is substantially the same as that for fresh evidence (British Telecommunications / OFCOM), 17 March 2015, e-Competitions Due Process Research Program, Art. N° 72312

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