*British Telecommunicatons plc v Office of Communications

Broadcasting – Television. Sky provided premium pay TV services which showed major sporting events such as premier league football matches. Ofcom investigated and found that Sky's practices in restricting wholesale access by Sky's competitors to those channels was prejudicial to fair and effective competition. It also made adverse findings in respect of the pricing models that Sky had adopted. Ofcom exercised its jurisdiction under s 316 of the Communications Act 2003 to impose conditions on Sky's broadcasting licences. The Competition Appeal Tribunal dismissed Sky's appeal against Ofcom's jurisdiction to impose conditions but allowed its appeal on the pricing issue. Sky appealed the jurisdiction point. Sky's competitors also appealed against the CAT's refusal to consider other issues relating to pricing. The Court of Appeal, Civil Division, found that Ofcom did have jurisdiction under s 316 of the Act and held that the CAT had erred in not considering further issues relating to pricing. The matter was remitted.

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