Chapter 2 prohibition definition

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Challenging decisions of the UK communications regulator

Challenging decisions of the UK communications regulator This Practice Note considers appeals against decisions made by the communications regulator in the UK, Ofcom. In this context, it takes account of relevant UK law, considers the establishment and functions of Ofcom and the ways in which Ofcom’s regulatory decisions may be challenged at the Competition Appeal Tribunal (CAT) (and subsequently the Court of Appeal), and/or the High Court. Applicable legislation The UK legislation is based on the EU regulatory framework on electronic communications (the Framework), which was originally established in 2002 with the aim of strengthening competition by facilitating market entry and stimulating investment in the electronic communications sector. The Framework consisted of a number of directives, including Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services (the Framework Directive). This was supported by Directive 2002/20/EC (the Authorisation Directive), Directive 2002/19/EC (the Access Directive), Directive 2002/22/EC (the Universal Services Directive) and Directive 2002/58/EC (the ePrivacy Directive). In 2009, these directives were amended by...