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22 October 2009 / Dr Richard Burnley , Dr Russell Richardson
Issue: 7390 / Categories: Features , Competition
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Buyer power

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

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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