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28 February 2014
Issue: 7596 / Categories: Case law , Law digest , In Court
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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

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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