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The Court of Appeal has allowed BT’s appeal against the Competition Appeal Tribunal’s decision of 8 August 2012 allowing Sky’s appeal against Ofcom’s Pay TV decision. The Court of Appeal held that, in allowing Sky’s appeal, the CAT had failed to determine the appeals “on the merits” and had reached an incomplete set of conclusions in relation to the issues before it. Sky’s and the FA Premier League’s cross-appeal, brought on the basis that Ofcom had lacked jurisdiction to impose a “wholesale must-offer” remedy on Sky, was unsuccessful.

Dinah Rose QC and Jessica Boyd acted for Ofcom, who supported BT’s appeal.