- CAT ruling has ‘substantial implications’ for UK fibre optics (BT v Ofcom, Virgin Media and others)
- What is the significance of this case? Why is it important for practitioners?
- What were the CAT’s conclusions, and what will the practical implications be?
- How do Ofcom’s recently published statements tie in with the judgment?
- How helpful is this judgment in clarifying the law in this area? Are there any remaining grey areas?
- What might Ofcom’s long-term position be following the temporary SMP conditions?
- How does this case fit in with other developments in this area of the law? Do you have any predictions for the future or advice for practitioners?
TMT analysis: The Competition Appeal Tribunal (CAT) has found themselves of different opinion to Ofcom in a dispute that has substantial implications for UK fibre optic installations while also raising questions about the role of UK regulators. Timothy Cowen, of Preiskel & Co, assesses the key issues associated with the case.
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