Judgment on an appeal against a decision of OFCOM that Vodafone Limited (“Vodafone”) had not infringed section 18 of the Competition Act 1998 or Article 82 of the EC Treaty by disconnecting the services it was providing to the appellant for use in telecommunications equipment known as “GSM gateways”.
The Tribunal upheld OFCOM’s decision that Vodafone had not abused a dominant position when disconnecting the services provided to the appellant and accordingly dismissed the appeal.
The Tribunal found that OFCOM’s decision contained inadequate reasoning in a number of areas but concluded that this did not vitiate OFCOM’s conclusion. In those circumstances, the Tribunal did not consider it necessary to remit any matter in this appeal to OFCOM for re-investigation. The Tribunal set aside those parts of OFCOM’s decision which were inconsistent with the judgment.
