British Telecommunications Plc v Office of Communications (Partial Private Circuits)

This appeal concerned a series of challenges by BT to Ofcom’s resolution of disputes between BT and certain communication providers concerning the charges that BT had historically levied for partial private circuits and its decision to require BT to repay to the communications providers some £42 million. The Competition Appeal Tribunal dismissed each of BT’s challenges, concluding that Ofcom’s use of its dispute resolution powers was unimpeachable, that Ofcom had correctly construed BT’s cost-orientation obligation applying to charges for partial private circuits, and that Ofcom had properly exercised its remedial powers in requiring BT to make a full repayment of the extent of the overcharge.

Pushpinder Saini QC, James Segan and Hanif Mussa appeared for Ofcom.  Dinah Rose QC and Tristan Jones appeared for the communications providers, intervening