Rapture Television plc v Office of Communications [2008] CAT 14 (19 June 2008)

Rapture Television plc v Office of Communications [2008] CAT 14 (19 June 2008)

The Tribunal found that Rapture's grounds for appeal either repeated arguments already considered and rejected, failed to raise points of law, or relied on new evidence or arguments that could have been raised earlier. The Tribunal held that the 2002 Guidelines were correctly applied, that Rapture's status as a small company did not justify a different charge without evidence, and that no legal error or new point of law justified permission to appeal or a rehearing.

Citation
[2008] CAT 14
Parties
Appellant: Rapture Television plc; Respondent: Office of Communications (OFCOM); Intervener: British Sky Broadcasting Limited
Jurisdiction
United Kingdom
Judgment Date
19 June 2008
Procedural Posture
Competition Appeal Tribunal Application for Permission to Appeal / Application for Permission to Appeal Tribunal's Judgment
Outcome
Permission to appeal refused; application for rehearing refused; application for costs refused.
Legal Topics
Electronic Programme Guide (epg) Services, Fair, Reasonable and Non Discriminatory (frnd) Pricing, Conditional Access Guidelines, Appeal Procedure, Costs Orders
Competition Law Telecommunications Law Administrative Law Electronic Programme Guide (epg) Services Fair, Reasonable and Non Discriminatory (frnd) Pricing Conditional Access Guidelines Appeal Procedure Costs Orders

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

Competition Appeal Tribunal Application for Permission to Appeal / Application for Permission to Appeal Tribunal's Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in applying Oftel's 2002 Guidelines to EPG services
  2. 2 Whether the Tribunal failed to consider the appellant's nature and size in determining FRND pricing
  3. 3 Whether new evidence or points of law justify permission to appeal or rehearing

Ratio Decidendi

The Tribunal found that Rapture's grounds for appeal either repeated arguments already considered and rejected, failed to raise points of law, or relied on new evidence or arguments that could have been raised earlier. The Tribunal held that the 2002 Guidelines were correctly applied, that Rapture's status as a small company did not justify a different charge without evidence, and that no legal error or new point of law justified permission to appeal or a rehearing.

Court Disposition

Permission to appeal refused; application for rehearing refused; application for costs refused.

Orders

  • Rapture's application for permission to appeal the Tribunal's Judgment of 31 March 2008 is refused.
  • Rapture's request that its appeal be reheard is refused.