Paul Luckhurst
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Flip Flopping: Telefonica UK v Office of Communications
What should Ofcom do when mobile network operators (“MNOs”) spot a loophole in the regulator’s price control mechanism and proceed to “game” the system over several years, increasing their revenues by many millions of pounds? This unsuccessful appeal before the Competition Appeal Tribunal was brought by Telefonica, the only MNO that had failed to exploit… Continue reading
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Fairness between infringers: the need for consistency in punishments
Competition lawyers may want to brush up on their criminal law. The Court of Appeal’s recent judgment in Interclass Holdings v OFT [2012] EWCA Civ 1056 borrows criminal law principles to guide the calculation of penalties imposed. The appeal was a further instalment in the litigation arising from the OFT’s largest ever investigation under the… Continue reading
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