Neutral citation:

[2005] CAT 39


29 Nov 2005



Judgment on an appeal by Hutchison 3G (UK) (“H3G”) Limited under section 192 of the Communications Act 2003 against the determination, dated 1 June 2004, by OFCOM, made under sections 48 and 79 of the Communications Act 2003, that H3G had significant market power in the market for wholesale mobile voice call termination on its network and imposing certain reporting obligations.

The Tribunal partially upheld the appeal and found that OFCOM had erred in its determination as to the existence of significant market power because it had not carried out a full assessment of the extent to which British Telecommunications Plc had countervailing buyer power.

This is an unofficial summary prepared by the Registry of the Competition Appeal Tribunal.