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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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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