header-logo header-logo

28 February 2014
Issue: 7596 / Categories: Case law , Law digest , In Court
printer mail-detail

Competition

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

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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Burges Salmon—Benn Richards

Burges Salmon—Benn Richards

Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll