British Telecommunications plc v Office of Communications

The Competition Commission has ruled that BT should not be permitted to recover its £4.1 billion pension fund deficit through charges regulated by Ofcom.  In its appeal BT had argued that Ofcom’s policy of not allowing retrospective recovery of the deficit was contrary to fundamental principles of competition law and in particular RPI-X price regulation.  The Competition Commission rejected this submission, attaching "particular importance to competitive efficiency" considerations.

James Segan acted as sole counsel for Ofcom.