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Competition

28 February 2014
Issue: 7596 / Categories: Case law , Law digest , In Court
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British Telecommunicatons plc v Office of Communications [2014] EWCA Civ 133, [2014] All ER (D) 158 (Feb)

Section 316 of the Communications Act 2003 allowed Ofcom to impose conditions so as to ensure fair and effective competition in the wholesale and retail provision of licensed services to consumers generally. “Licensed services” in s 316(1) of the 2003 Act meant the services licensed by a licence issued under the Broadcasting Act 1990 (s 316(4)). Such licences related to the content of the services. The types of service that could be the subject of a BA licence included television licensable content services (TLCSs). When determining the scope of Ofcom’s jurisdiction to impose conditions in such licences, the fundamental question was “what is the scope of the words ‘in the provision of’ licensed services?” Given that it was Ofcom’s statutory duty to promote the interests of consumers in relevant markets and given that one of those relevant markets had to be pay TV (because that market was the subject of regulation under the Act) then it followed that the words “in

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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