Devereux Trio Finish Competition Appeal Tribunal Hearing
Graham Read QC, Ben Lynch and Georgina Hirsch all appeared for BT in the recent hearing of three separate appeals to the Competition Appeal Tribunal by BT, Sky, Talk Talk, Vodafone, Virgin Media and Verizon. The hearing commenced on 29 October 2013 before Roth J, Professor Mayer and Mr Harrison (former partner of PwC) and concluded, after hearing extensive factual and expert evidence on 22 November 2013. Judgment is expected in the New Year.
The Appeals concerned a regulatory decision by Ofcom which held that BT had breached its ex ante obligations to ensure that certain prices for Ethernet products were based on long run incremental costs with an appropriate mark up for fixed common costs and an appropriate return on capital. Ofcom had found overcharging amounting in excess of £150 million. The other appellants sought larger sums whilst BT contended that Ofcom’s decision was wrong for a series of reasons. A wide array of issues was considered including Ofcom’s legal powers, its approach to cost orientation and certain cost adjustments that had been made in the determination.
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