On 24 February 2012, Ofcom published an update on its October 2011 determination that gave effect to directions given by the Competition Appeal Tribunal (CAT) in its Order to implement its ruling on appeals brought by British Telecommunications plc (BT) and Everything Everywhere (EE) against Ofcom’s determinations of disputes in relation to 080, 0845 and 0870 termination charges. This follows the August 2011 CAT judgement upholding the appeal by BT (but dismissing that by EE), finding that Ofcom had erred in determining that BT’s charges for the termination of calls on 080 and 0845/0870 numbers were not fair and reasonable.
DotEcon was appointed by BT to assist with its appeal to the CAT in this case. In particular, DotEcon was asked to provide expert testimony to the CAT in respect of the economic effects of linking wholesale termination charges paid by operators to the retail prices they set.