header-logo header-logo

Buyer power

22 October 2009 / Dr Richard Burnley , Dr Russell Richardson
Issue: 7390 / Categories: Features , Competition
printer mail-detail

Should the smallest boy in the park give up his ball to the biggest? ask Dr Russell Richardson & Dr Richard Burnley

Mobile Call Termination (MCT) is the service provided by a mobile operator at the wholesale level that allows other operators to terminate calls on its network. Mobile operators must purchase call termination from other operators in order to be able to connect their customers to other networks.

On 16 July 2009, the Court of Appeal dismissed an appeal by Hutchison 3G UK Limited (H3G) of the Competition Appeal Tribunal’s (CAT) judgment, which upheld Ofcom’s finding in March 2007 that H3G has significant market power (SMP) in the market for the provision of MCT. While H3G held a monopoly position on the market, and could be expected automatically to have SMP, the facts of this case were less straightforward.

In particular, the issue was whether BT, as one of H3G’s largest customers for MCT, could dictate what it should pay for the provision of MCT by H3G. To borrow the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll