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We acted for TalkTalk Telecom Group plc in complex multi-party litigation relating to Ofcom’s review of Wholesale Broadband markets and the price control imposed on BT. There were two separate appeals of this Ofcom decision – TalkTalk’s own appeal (which went to the Court of Appeal) and BT’s appeal, which was determined by the Competition Commission on reference from the Competition Appeal Tribunal. TalkTalk was an intervener (along with Sky) in BT’s appeal.
The litigation raised issues of crucial importance. Ofcom’s decision set the price point in an important market for our client. In addition, BT’s appeal raised ground-breaking questions of regulatory principle about the recovery of pension deficit payments through regulated charges and about cost of capital issues, which could have set precedents across other regulated markets. There were multiple factual witnesses and TalkTalk alone adduced expert evidence from five separate experts.