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28 February 2014
Issue: 7596 / Categories: Case law , Law digest , In Court
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Competition

British Telecommunicatons plc v Office of Communications [2014] EWCA Civ 133, [2014] All ER (D) 158 (Feb)

Section 316 of the Communications Act 2003 allowed Ofcom to impose conditions so as to ensure fair and effective competition in the wholesale and retail provision of licensed services to consumers generally. “Licensed services” in s 316(1) of the 2003 Act meant the services licensed by a licence issued under the Broadcasting Act 1990 (s 316(4)). Such licences related to the content of the services. The types of service that could be the subject of a BA licence included television licensable content services (TLCSs). When determining the scope of Ofcom’s jurisdiction to impose conditions in such licences, the fundamental question was “what is the scope of the words ‘in the provision of’ licensed services?” Given that it was Ofcom’s statutory duty to promote the interests of consumers in relevant markets and given that one of those relevant markets had to be pay TV (because that market was the subject of regulation under the Act) then it followed that the words “in the provision of” had to be widely construed and had

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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