The Oftel decision dismissed Freeserve's claims that BT
Openworld was given advance notice that there would be a 40%
reduction in BT Wholesale's price for broadband access. Freeserve
also alleged that BT Wholesale's marketing campaign benefited BT's
broadband retail business, against competition rules.
A preliminary hearing of the appeal was held on 22nd October
before the Competition Commission. In its appeal, Freeserve alleges
that Oftel "relied largely upon assertions, failed to investigate
issues adequately and failed to allow the submission of further
evidence." It further accuses Oftel of giving "inadequate and
opaque reasons" for its decision.
Freeserve is asking the Commission to overturn the decision,
declare that BT has infringed the Competition Act 1998 and order
Oftel to disclose all "relevant documents, evidence and
correspondence" that formed the decision.
A ruling from the preliminary hearing is expected within the
next two weeks.
The Competition Commission's notice of application with details
on the Freeserve appeal can be found at: www.competition-commission.org.uk/appeals/notice14.htm
