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Competition Commission
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CC PUBLISHES TELECOMS APPEALS GUIDANCE
The Competition Commission (CC) yesterday published guidance for parties involved in telecoms price appeals.
The new guidelines result from a review published by the CC in January, which made a number of recommendations for the CC and other bodies with the aim of making the overall process for such appeals more effective and efficient. At the same time, the CC consulted on draft guidelines and is now publishing the final version of these along with a summary of responses to the original draft. The new guidance (CC13) can be found here. Under section 192 of the Communications Act 2003, a person affected by decisions made by Ofcom can appeal to the Competition Appeal Tribunal (CAT). The CAT is then required to make a reference to the CC if there is a dispute on pricing issues. The CC dealt with three such cases last year, following two during 2008/09 in relation to mobile termination charges. Given its experience, and with the prospect of similar cases in the near future, the CC decided to carry out a review of how it carries out this task. The guidance, which should be read in conjunction with the CC’s existing Rules of Procedure, covers the background and the CC’s role in such appeals; stages in the CC’s process; key documents used in consideration of the appeal; conduct of hearings and meetings; written questions and oral enquiries and the approach to transparency and confidentiality. The review’s initial recommendations included requiring appellants to provide a core submission focusing their arguments to the CC; discontinuing the practice of holding an initial multi-party hearing; and rebalancing the allocation of time so as to allow more time for the consideration of remedies. The CC also recommended changes which could impact the overall process including seeking greater clarity on issues such as confidentiality and methodology ahead of the CC’s deliberations; having a clear cut-off at the start of the CC phase; and allowing the CC to deal directly with issues of disclosure.
Notes to editors
1. The CC is an independent public body which carries out investigations into mergers, markets and the regulated industries.
2. The guidance covers the CC’s conduct of price control references made under section 193 of the Communications Act 2003. Ofcom may set price controls in relation to electronic communications networks and services, including data and broadband services, where they have determined that an operator has significant market power.
3. Enquiries should be directed by email to Rory Taylor or Siobhan Allen or by ringing on 020 7271 0242.
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