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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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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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