1095/4/8/08 British Sky Broadcasting Group Plc v (1) Competition Commission (2) The Secretary of State

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By an Order of the President, made on 9 January 2008, the time within which any application may be made by British Sky Broadcasting Group plc, or any other person, aggrieved pursuant to section 120 of the Enterprise Act 2002 in relation to the Competition Commission's report to the Secretary of State was extended so as to be coterminous with the expiry of the time for making any application under section 120 in relation to the Secretary of State's decision on the report.

Summary of application published on 27 February 2008. A case management conference took place on 11 March 2008, at which Virgin Media, Inc. was granted permission to intervene. A further case management conference took place on 17 April 2008. The President’s Ruling in respect of Sky’s application for disclosure was handed down on 23 April 2008.

A further hearing took place on 30 April 2008 at which the President refused a request by Sky to add two named external financial advisers to the confidentiality ring. The main hearing took place between 3 and 5 June 2008. Judgment was handed down on 29 September 2008. A further hearing on relief and other matters consequential on the judgment of 29 September took place on 15 October 2008. On 4 December 2008, the Tribunal made a ruling refusing Sky’s request for permission to appeal the Tribunal’s judgment of 29 September 2008. A ruling on costs was handed down on 22 June 2009.

On 21 January 2010 the Court of Appeal dismissed Sky’s appeal on the competition issues, but allowed its appeal, and that of the Commission and the Secretary of State, on the media plurality issue.

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