The Competition Appeal Tribunal considered the nature of Ofcom’s dispute resolution powers contained in the Communications Act 2003 in the recent decision in Rapture Television Plc v Office of Communications. Each of the six counsel appearing at the Tribunal were Monckton barristers.
Rapture Television, a broadcaster, complained to Ofcom about the terms and conditions on which British Sky Broadcasting Ltd offered Electronic Programme Guide (“EPG”) services to Rapture. Sky were obliged to provide such services on a fair, reasonable and non-discriminatory basis, as expanded upon in “The terms of supply of conditions access: Oftel guidelines”. The Tribunal considered the nature of Ofcom’s dispute resolution powers, together with the substance of the requirements incumbent upon Sky in the provision of EPG services in finding that Ofcom had correctly determined the dispute between the parties in this case.
Michael Bowsher QC, Elisa Holmes and Fiona Banks, instructed by Orrick, represented Rapture.
Peter Roth QC, instucted by Herbert Smith, appeared for Sky.
Christopher Vajda QC and Philip Woolfe represented Ofcom.