Mae'r cynnwys hwn ar gael yn Saesneg yn unig.

Suspected discrimination by BT in the provision of customer order handling procedures for BT Broadband access products

25 Chwefror 2005

Broadband access products

Complainant: The complainant wishes to remain anonymous
Complaint against: BT
Case opened: 12 December 2003
Case closed: 20 February 2004
Issue: Suspected discrimination by BT in favour of its own business
Relevant instrument: Chapter II of the Competition Act 1998 (abuse of a dominant position)

Following BT's publication of the criteria on which BT Wholesale will expedite all customers' orders for IPStream and DataStream (published within the terms of its Customer Service Plan (CSP)), Ofcom does not consider that the scope and extent of BT's escalation and expedite process, to which the original complaint relates, warrants further investigation at this time. Ofcom intends to publish guidance on non-discrimination obligations later in 2004. Ofcom is therefore closing the case.

Case Leader: Richard Thompson (020 7783 4151 e-mail: Richard.Thompson@ofcom.org.uk)
Case Reference: CW/00721/11/03

Text published when the case was opened

Suspected discrimination by BT in the provision of customer order handling procedures for BT Broadband access products

Complainant: The complainant wishes to remain anonymous
Complaint against: BT
Case opened: 12 December 2003
Issue: Suspected discrimination by BT in favour of its own business
Relevant instrument: Chapter II of the Competition Act 1998 (abuse of a dominant position)

Oftel received an anonymous complaint supplying a copy of a document suggesting the existence of an expedite and escalation process agreed between BT's Wholesale business and BT's Openworld business in relation to the work carried out by BT Wholesale in provisioning customer orders for unspecified products. The complaint suggested that the effect of this agreed process was that customer orders were delivered by BT Wholesale to BT Openworld in shorter than standard and published lead times. The evidence supplied by the complainant raised a reasonable suspicion that this expedite and escalation process applied to the supply of BT's Broadband range of products and may not have been made available to other, non-BT, customers of BT Wholesale. Accordingly, Oftel opened an investigation under Chapter II of the Competition Act 1998. As of 29 December 2003 this matter is under investigation by Ofcom.

Ofcom's preliminary investigations have established that the escalation and expedition process in question relates specifically to orders for end-user broadband access products. In terms of supply by BT Wholesale to both BT and non-BT customers, therefore, this includes orders for variants of BT's IPStream and DataStream products. BT has argued that all BT Wholesale customers are eligible for the order escalation and expedite process for broadband access products on the same terms and that all such customer orders (both BT and non-BT) are, and have been, treated equally. Ofcom is currently progressing its investigation under the Competition Act 1998. Stakeholders who wish to supply relevant information and evidence in respect of this investigation should submit this to Ofcom by 27 January 2004.

Case Leader: Richard Thompson (e-mail: Richard.Thompson@ofcom.org.uk)
Case Reference: CW/00721/11/03