Virgin Media, Inc. v Office of Communications
Case number:
1156/8/3/10 Registered: 28/5/2010
Status:
Summary of appeal published on 8 June 2010. By an Order dated 8 June 2010, the time for making a request for permission to intervene was abridged until 21 June 2010.
A case management conference took place on 25 June 2010, at which RFL (Governing Body) Ltd, Top Up TV Europe Ltd, The Football Association Ltd, Freesat (UK) Ltd, Rugby Football Union, The Football League Ltd, PGA European Tour, England and Wales Cricket Board were granted permission to intervene. Virgin Media, Inc., The Football Association Premier League, British Sky Broadcasting Ltd and British Telecommunications plc were also granted permission to intervene in each of the appeals, save their own. The President’s Ruling in respect of certain requests for permission to intervene and the extent of the additional undertaking which the BT in-house lawyers should provide as a pre-condition of their membership of the proposed confidentiality ring was also handed down on 25 June 2010. The President also made an Order on 25 June 2010 establishing the timetable for the future course of the appeals.
On 29 June 2010 the President made an Order establishing a confidentiality ring for the exchange of confidential information between the external and certain internal advisers of all the parties.
A further case management conference took place on 6 October 2010 and a pre-hearing review took place on 23 March 2011. On 25 March 2011, the Tribunal ordered that Cases No. 1170/8/3/10 (“the STB appeal”) and 1179/8/3/11 (“the CAM appeal”) be heard together with Cases No. 1156-1159/3/3/10 (“the Pay TV appeals”) to the extent described in the Tribunal’s Order.
The appeals in Cases 1156/8/3/10, 1157/8/3/10, 1158/8/3/10 and 1159/8/3/10 were heard together between 9 May 2011 and 15 July 2011.
At a hearing on 8 August 2012, the Tribunal announced its judgment. A non-confidential version of the judgment was published on 26 October 2012.
A hearing to consider certain matters consequential to the Tribunal’s judgment in the Pay TV appeals took place on 6 February 2013. On 7 February 2013, the Tribunal made a ruling refusing BT’s request for permission to appeal the Tribunal’s judgment of 8 August 2012. The Tribunal's ruling in relation to certain consequential matters was handed down on 27 February 2013.
On 26 April 2013 the Court of Appeal made an order granting BT permission to appeal the Tribunal’s judgment of 8 August 2012.
A ruling in relation to costs applications by Sky and FAPL as well as the disposal of FAPL’s appeal was handed down on 9 May 2013 ([2013] CAT 9). On 25 June 2013, the Tribunal made a ruling ([2013] CAT 14) on an application by Ofcom for permission to appeal the Tribunal’s costs order in these proceedings.
On 7 August 2013, the President made an Order suspending the effect of paragraph 3 of the President’s Order dated 17 May 2013.
On 17 February 2014 the Court of Appeal handed down its judgment in relation to an appeal brought by British Telecommunications Plc against the Tribunal’s judgment of 8 August 2012. By order dated 28 February 2014 the Court of Appeal set aside the Tribunal’s orders of 6 March 2013 and 17 May 2013 and remitted to the Tribunal for further consideration the question of whether the WMO remedy was justified on the basis of competition concerns arising out of the rate-card price. On 30 October 2014 the Supreme Court refused permission to appeal.
A hearing took place on 26 and 27 March 2015 to hear the parties on whether the original Tribunal should deal with the remitted question or whether a new Tribunal should be constituted. The ruling was given on 6 May 2015. On 22 June 2015, following an application by BT, the Tribunal refused permission to appeal ([2015] CAT 12).
On 27 July 2015 the Court of Appeal made an order refusing BT permission to appeal. On 29 September 2015 BT’s renewed application for permission to appeal was also refused.
Orders giving case management directions were made on 15 October 2015 and 3 November 2015. On 2 December 2015 the Chairman made a ruling ([2015] CAT 16) refusing a request by BT for disclosure, for the purpose of facilitating consideration of relevant issues at the case management conference, of the confidential version of Ofcom’s Review of the pay TV wholesale must-offer obligation dated 19 November 2015. A case management conference took place on 3 December 2015. At this CMC, the Sky and BT agreed in principle to withdraw their respective appeals.
By Order dated 18 December 2015 the Tribunal gave permission for the appellants to withdraw their appeals, on agreed terms, in cases 1152 (IR), 1156-1159, 1170 and 1179. A further Order, recording the agreement reached between Sky and Top Up TV, was made on 13 January 2016.
Diary events for this case:
- There are currently no forthcoming diary events for this case.
- Order of the Chairman
PDF 13/1/2016 53KB - Order of the Tribunal (Withdrawal of appeals)
PDF 18/12/2015 205KB - Transcript of case management conference
PDF 3/12/2015 155KB - Ruling (Disclosure application)
PDF 2/12/2015 75KBSummary - Order of the Chairman (Varying directions for CMC)
PDF 3/11/2015 98KB - Order of the Chairman (Directions for CMC)
PDF 15/10/2015 42KB - Order of Court of Appeal
PDF 27/7/2015 143KB - Ruling (Permission to appeal )
PDF 22/6/2015 55KBSummary - Ruling (Constitution of the Tribunal)
PDF 6/5/2015 407KBSummary - Transcript of hearing (Constitution of the Tribunal)
PDF 26/3/2015 797KB - Order of the Chairman
PDF 11/3/2015 34KB - Order of the Chairman
PDF 20/1/2015 39KB - Order of the Court of Appeal
PDF 28/2/2014 72KB - Judgment of the Court of Appeal
PDF 17/2/2014 510KB - Order of the Court of Appeal
PDF 16/9/2013 159KB - Order of the President (Varying the President's Order of 17 May 2013)
PDF 7/8/2013 49KB - Ruling (Permission to appeal costs order)
PDF 25/6/2013 58KBSummary - Order of the President ((1) Costs and (2) Disposal of FAPL's appeal)
PDF 17/5/2013 61KB - Ruling ((1) Costs and (2) Disposal of FAPL's appeal)
PDF 9/5/2013 490KBSummary - Order of the Court of Appeal
PDF 26/4/2013 84KB - Order of the Court of Appeal
PDF 26/3/2013 116KB - Order of the President (Consequential matters)
PDF 7/3/2013 137KB - Ruling (Consequential matters)
PDF 27/2/2013 155KBSummary - Ruling (Permission to appeal)
PDF 7/2/2013 89KBSummary - Transcript of hearing (Consequential directions)
PDF 6/2/2013 356KB - Order of the Tribunal (Permission to appeal)
PDF 10/8/2012 36KB - Judgment (Non-confidential version)
PDF 8/8/2012 3.7MBSummary - Order of the Tribunal (Transcription services - extension)
PDF 18/5/2011 26KB - Order of the Tribunal (Transcription services)
PDF 13/5/2011 62KB - Order of the Tribunal (Composite confidentiality ring)
PDF 31/3/2011 157KB - Order of the President (Case management)
PDF 25/3/2011 64KB - Transcript of pre-hearing review
PDF 23/3/2011 522KB - Order of the Tribunal (Timetable)
PDF 24/1/2011 24KB - Order of the Tribunal (Composite confidentiality ring)
PDF 25/11/2010 61KB - Order of the Tribunal (Hearing window)
PDF 6/10/2010 24KB - Transcript of case management conference
PDF 6/10/2010 76KB - Order of the Tribunal (Confidentiality ring)
PDF 29/6/2010 43KB - Order of the Tribunal (Future course of proceedings)
PDF 29/6/2010 27KB - Ruling (Interventions, confidentiality, and permission to appeal)
PDF 25/6/2010 60KBSummary - Transcript of case management conference
PDF 25/6/2010 188KB - Order of the Tribunal (abridging time for requesting permission to intervene)
PDF 8/6/2010 19KB - Summary of appeal
PDF 8/6/2010 41KB