*British Telecommunications plc v Telefonica O2 UK Ltd and others

Telecommunications – Mobile telephone networks. Ofcom had decided that the claimant, BT, should not be allowed to introduce a new charging scheme because it had not been demonstrated that BT's new schedule of charges would produce consumer benefits. The Competition Appeal Tribunal (the tribunal) overturned that decision. The Court of Appeal, Civil Division, restored Ofcom's decision. The Supreme Court, in allowing BT's appeal, held that there had been no justification for the Court of Appeal to set aside the careful analysis of the tribunal. Contractually, BT was entitled to set its own charges, but only within limits which were fixed by the objectives of art 8 of Directive (EC) 2002/21 (on a common regulatory framework for electronic communications networks and services).

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