The Court of Appeal has dismissed an appeal by mobile phone operator Hutchison 3G from a decision of the Competition Appeal Tribunal upholding Ofcom’s determination that H3G enjoys a position of significant market power in the market for mobile voice call termination on its network. The Court of Appeal rejected H3G’s argument that other regulatory controls on H3G should be taken into account when assessing H3G’s market power. The effect of the Court’s judgment is to preserve Ofcom’s decision to impose price controls on H3G’s mobile call termination rates.
The Court of Appeal’s judgment marks the final dismissal of H3G’s challenge to Ofcom’s regulation of H3G’s mobile call termination rates. The Tribunal and the CC have already rejected all other aspects of H3G’s case.
Peter Roth QC and Josh Holmes represented Ofcom
Jon Turner QC and Meredith Pickford represented T-Mobile, who supported Ofcom.
To read the judgment, please click here.