BCMR decision remitted to Ofcom

The Competition Appeal Tribunal has today ruled that Ofcom’s BCMR decision be quashed and remitted to the regulator. The BCMR decision was published in April 2016. BT, CityFibre, and TalkTalk launched appeals against various aspects of the decision in June 2016 – the “BCMR Appeals”. The Competition Appeal Tribunal handed down a ruling today, finding…

The New Electronic Communications Code – Promoting Investment in Telecommunications Infrastructure

The new Electronic Communications Code is due to come into force in late Autumn 2017. The New Code, when in force, will bring important changes relating to rent and private landlord’s rights. In theory, life for electronic communications providers who construct networks should be better and more certain than under the Old Code. This is…

Google facing fines, non-discrimination obligations, and more?

Preiskel & Co’s Tim Cowen has been quoted by various media sources, including Bloomberg, discussing the impact of an EU fine and potential non-discrimination obligation before the Commission’s announcement on Tuesday. As predicted, the EU has issued Google with a record fine of €2.42 billion. However, with a reported $92 billion “cash hoard”, Google may be…

Ofcom opens New Programme into Mobile Providers’ Compliance

Ofcom has recently started an own initiative monitoring and enforcement programme into compliance with the charge control requirements (i.e. mobile termination rate caps) imposed by the significant market power (“SMP”) condition M3. This condition is contained in Annex 3 of Ofcom’s Statement entitled “Mobile Call Termination Market Review 2015-18”, published on 17 March 2015. SMP…

Tim Cowen co-authored ‘A Level Playing Field for the Digital Ecosystem’ of Fundación Telefónica. English version now available for download.

Tim Cowen co-authored the book ‘A Level Playing Field for the Digital Ecosystem’, published by Fundación Telefónica. Tim’s contributed with a chapter on ‘Anti-trust in the EU digital markets: A case study’, where EU competition law policy and U.S. federal antitrust law were placed in comparative perspective. The English version of the book has been…

Preiskel & Co advised PCCW in relation to aspects of the sale of UK Broadband to Three UK

On 6 February 2017, a PCCW Group company and Three entered into a share purchase agreement for the acquisition of UK Broadband Limited by Three UK for £300 million, subject to the fulfilment, or waiver by Three of a number of conditions precedent. The Consideration payable by Three UK under the Share Purchase Agreement is…

Ofcom is seeking stakeholders’ opinion on review of enforcement guidelines

Ofcom is seeking views on proposals to update and revise its existing Enforcement Guidelines. Background Ofcom is the independent regulator and competition authority for the UK communications industries. In this role, it needs to take enforcement action in the interests of citizens and consumers, and where appropriate to promote competition. Ofcom also has concurrent powers…

Thinking and writing and advising about Brexit

As well as being a senior consultant here at Preiskel, I am a writer and journalist about law and policy matters.  Since June I have been writing a lot about Brexit. Brexit is, for me, fascinating.  There is complexity, as it brings together policy and law, trade and economics, and political and constitutional issues.  And…