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The Court of Appeal has dismissed Everything Everywhere’s appeal against a determination of the CAT relating to Ofcom’s 2011 mobile call termination price control decision. That decision reduced the amount of the wholesale charge a mobile operator is allowed to impose for connecting a call to one of its customers, making it easier for fixed-line and mobile operators to offer retail packages containing unlimited calls to mobiles. The Court of Appeal’s decision considers the approach that should be taken by the Competition Commission in price control appeals under s.193 of the Communications Act 2003, and by the CAT when reviewing the Competition Commission’s decision under s.193(7).

Brian Kennelly and Jessica Boyd acted for Hutchison 3G (UK) Ltd. Mark Vinall acted for Ofcom.

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