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The Competition Appeal Tribunal has allowed an appeal by Vodafone against Ofcom’s decision to change the system of number portability: Vodafone v Ofcom [2008] CAT 22. Number portability is the process which enables a subscriber to a fixed or mobile network to retain their telephone number when they change network operator. Ofcom’s decision proposed technical changes to the mechanism by which portability takes place and a speeding up of the process of portability in the case of mobile numbers. The Tribunal held that the cost benefit analysis conducted by Ofcom in support of its decision could not withstand the “profound and rigorous scrutiny” of the Tribunal on “an appeal on the merits” pursuant to s.195 of the Communications Act 2008. It has remitted the matter to Ofcom for reconsideration.
Tim Ward acted for Vodafone
Alan Bates acted for Ofcom, whilst Meredith Pickford and acted for T-mobile.
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Tim Ward QC
Meredith Pickford
Alan Bates