1159/8/3/10 British Telecommunications Plc v Office of Communications

Registered

Tribunal

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.

Events

25 Jun 2010 | 10.30am Case management conference
6 Oct 2010 | 2pm Case management conference
23 Mar 2011 | 2pm Pre-hearing review
27 May 2011 | 4pm Case management conference
9 May 2011 (time estimate of 9 weeks) | 10.30am Hearing
8 Aug 2012 | 4.30pm Announcement of Judgment
6 Feb 2013 | 10.30am Hearing
27 Feb 2013 | 1.55pm Handing down - Ruling (Consequential matters)
9 May 2013 | 3pm Handing down - Ruling ((1) Costs and (2) Disposal of FAPL's appeal)
26 Mar 2015 | 2pm (27 March 2015 | 2pm in reserve) Hearing - Remittal (Preliminary issue)
6 May 2015 | 2pm Ruling (Constitution of the Tribunal)
3 Dec 2015 | 10.30am Case management conference (Remittal)
There are no upcoming events to display

See all the cases for 1159/8/3/10 British Telecommunications Plc

Documents

Order of the Chairman 13/01/2016
Order of the Tribunal (Withdrawal of appeals) 18/12/2015
Transcript of case management conference 03/12/2015
Ruling (Disclosure application) | Summary 02/12/2015
Order of the Chairman (Varying directions for CMC) 03/11/2015
Order of the Chairman (Directions for CMC) 15/10/2015
Order of Court of Appeal 27/07/2015
Ruling (Permission to appeal ) | Summary 22/06/2015
Ruling (Constitution of the Tribunal) | Summary 06/05/2015
Transcript of hearing (Constitution of the Tribunal) 26/03/2015
Order of the Chairman 11/03/2015
Order of the Chairman 20/01/2015
Order of the Court of Appeal 28/02/2014
Judgment of the Court of Appeal 17/02/2014
Order of the Court of Appeal 16/09/2013
Order of the President (Varying the President's Order of 17 May 2013) 07/08/2013
Ruling (Permission to appeal costs order) | Summary 25/06/2013
Order of the President ((1) Costs and (2) Disposal of FAPL's appeal) 17/05/2013
Ruling ((1) Costs and (2) Disposal of FAPL's appeal) | Summary 09/05/2013
Order of the Court of Appeal 26/04/2013
Order of the Court of Appeal 26/03/2013
Order of the President (Consequential matters) 07/03/2013
Ruling (Consequential matters) | Summary 27/02/2013
Ruling (Permission to appeal) | Summary 07/02/2013
Transcript of hearing (Consequential directions) 06/02/2013
Order of the Tribunal (Permission to appeal) 10/08/2012
Judgment (Non-confidential version) | Summary 08/08/2012
Order of the Tribunal (Transcription services - extension) 18/05/2011
Order of the Tribunal (Transcription services) 13/05/2011
Order of the Tribunal (Composite confidentiality ring) 31/03/2011
Order of the President (Case management) 25/03/2011
Transcript of pre-hearing review 23/03/2011
Order of the Tribunal (Timetable) 24/01/2011
Order of the Tribunal (Composite confidentiality ring) 25/11/2010
Order of the Tribunal (Hearing window) 06/10/2010
Transcript of case management conference 06/10/2010
Order of the Tribunal (Confidentiality ring) 29/06/2010
Order of the Tribunal (Future course of proceedings) 29/06/2010
Ruling (Interventions, confidentiality, and permission to appeal) | Summary 25/06/2010
Transcript of case management conference 25/06/2010
Summary of appeal 08/06/2010
Order of the Tribunal (abridging time for requests for permission to intervene) 08/06/2010