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Dispute referrals: Implications of the Competition Appeal Tribunal (“CAT”) judgment on the Mobile Call Termination Rate Disputes

In the light of the recent CAT judgment on the Mobile Call Termination Rate Dispute appeals (available on the CAT website at http://www.catribunal.org.uk/archive/casedet.asp?id=138), Ofcom intends shortly to publish for consultation dedicated draft guidelines on the determination of disputes. In the meantime, Ofcom will examine any dispute referrals on a case by case basis, to determine the impact, if any, of that decision given the guidance provided by the CAT in that case. Ofcom is also mindful of the fact that further guidance is due from the CAT shortly on the appropriate test to be applied in such cases.


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