British Sky Broadcasting Limited & Ors v Office of Communication & Ors

In 2010, Ofcom published its Pay TV Statement, containing its decision to require Sky, as a condition of its broadcasting licence, to offer Sky Sports 1 and 2 channels to retail competitors on a wholesale basis at a regulated price. Following a ten-week hearing, the Competition Appeal Tribunal found that, while Ofcom had jurisdiction to impose such a condition on Sky (contrary to Sky’s submission), Ofcom’s central competition concern, which underlay its decision, was unfounded.

Dinah Rose QC, Kieron Beal QC and Jessica Boyd acted for Ofcom.