Rapture Television Plc -v- Office of Communications [2008] CAT 6 (31 March 2008)

Rapture Television Plc -v- Office of Communications [2008] CAT 6 (31 March 2008)

The Tribunal held that the STB subsidy is a common cost of the EPG service, that OFCOM correctly applied the regulatory framework and guidelines, that the price charged was within the range expected in a competitive market, that input costs and returns were appropriately considered, and that Rapture failed to substantiate its claims. The appeal was dismissed.

Citation
[2008] CAT 6
Parties
Appellant: Rapture Television Plc; Respondent: Office of Communications (OFCOM); Intervener: British Sky Broadcasting Limited
Jurisdiction
United Kingdom
Judgment Date
31 March 2008
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Electronic Programme Guide (epg) Services, Fair, Reasonable and Non Discriminatory (frnd) Pricing, Common Costs and Subsidies, Dispute Resolution Under Communications Act 2003
Competition Law Telecommunications Law Regulatory Law Electronic Programme Guide (epg) Services Fair, Reasonable and Non Discriminatory (frnd) Pricing Common Costs and Subsidies Dispute Resolution Under Communications Act 2003

Case Brief

Summary, issues, holding and outcome

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Parties

Rapture Television Plc

Appellant

Office of Communications (OFCOM)

Respondent

British Sky Broadcasting Limited

Intervener

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether Sky's charges to Rapture for EPG services were fair, reasonable and non-discriminatory
  2. 2 Whether the STB subsidy should be treated as a common cost of the EPG service
  3. 3 Whether the price charged was consistent with a competitive market outcome

Ratio Decidendi

The Tribunal held that the STB subsidy is a common cost of the EPG service, that OFCOM correctly applied the regulatory framework and guidelines, that the price charged was within the range expected in a competitive market, that input costs and returns were appropriately considered, and that Rapture failed to substantiate its claims. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • No order for relief; OFCOM's determination upheld