Royal Mail PLC v Office of Communications & Anor

Royal Mail PLC v Office of Communications & Anor

The Court of Appeal held that the Tribunal made no error of law in concluding that the AEC test was neither appropriate nor necessary in this case, that Ofcom and the Tribunal gave adequate consideration to the AEC test advanced by Royal Mail, and that the finding of abuse was justified based on the totality of the evidence and circumstances, notwithstanding the AEC test.

Parties
Appellant: Royal Mail PLC; First Respondent: Office of Communications; Second Respondent: Whistl UK Limited
Jurisdiction
England and Wales
Judgment Date
07 May 2021
Procedural Posture
Civil Appeal / Appeal From Competition Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Abuse of Dominant Position, Discriminatory Pricing, As Efficient Competitor Test, Margin Squeeze, Article 102 TFEU, Section 18 Competition Act 1998
Competition Law Regulatory Law Abuse of Dominant Position Discriminatory Pricing As Efficient Competitor Test Margin Squeeze Article 102 TFEU Section 18 Competition Act 1998

Case Brief

Summary, issues, holding and outcome

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Parties

Royal Mail PLC

Appellant

Office of Communications

First Respondent

Whistl UK Limited

Second Respondent

Procedural Posture

Civil Appeal / Appeal From Competition Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Competition Appeal Tribunal erred in law in its treatment of the 'as efficient competitor' (AEC) test in the context of discriminatory pricing by a dominant undertaking.
  2. 2 Whether Ofcom and the Tribunal gave adequate consideration to the AEC test advanced by Royal Mail.
  3. 3 Whether an AEC test is a necessary or determinative tool in establishing abuse of dominance in pricing cases.

Ratio Decidendi

The Court of Appeal held that the Tribunal made no error of law in concluding that the AEC test was neither appropriate nor necessary in this case, that Ofcom and the Tribunal gave adequate consideration to the AEC test advanced by Royal Mail, and that the finding of abuse was justified based on the totality of the evidence and circumstances, notwithstanding the AEC test.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Royal Mail PLC is dismissed.