On 25 July 2012, the Court of Appeal allowed appeals by O2, Everything Everywhere, Vodafone and H3G of the CAT judgment on Ofcom’s determination of disputes relating to BT’s termination charges for 080 and 0845/0870 calls (in which the CAT had considered BT’s charges to be fair and reasonable).
The Court of Appeal has now concluded that the CAT had been wrong in law to reverse Ofcom’s determinations, applying an incorrect approach and erring in finding that Ofcom had applied too strict a test when conducting its welfare analysis.
In particular, the Court considered the CAT to have been wrong to find BT’s private law contractual rights should prevail, unless it could clearly and distinctly be shown that the changes would act as a material dis-benefit to consumers. The Court concluded that Ofcom had acted properly and in accordance with its duties.
DotEcon has been advising a telecommunications provider over the course of these appeals.