British Telecommunications plc v Office of Communications and others; Talk Talk Telecom Group plc v Office of Communications and another

Powers of Ofcom to order repayment and award interest – . The Court of Appeal, Civil Division, in dismissing the appellants' appeals against the decision of the Competition Appeal Tribunal, held that s 190(2)(d) of the Communications Act 2003 conferred a power on the respondent Ofcom to order repayment of amounts overpaid by providers as a result of past breaches by British Telecommunications, as dominant provider, of the significant market power condition. Further, the express words of that section were clearly wide enough to confer on Ofcom a power to direct the payment of interest on sums overpaid.

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