The Competition Appeal Tribunal has published the results of last week’s hearing between Telefónica O2 UK and the Office of Communications (Ofcom).
O2 had appealed to the CAT because Ofcom hadn’t allowed O2 to use 3G UMTS technology on the 900MHz and 1800MHz frequency bands. O2 argued – supported by fellow 900MHz holder Vodafone - that EU rules had obliged Ofcom to allow the use of 2G frequencies for 3G services by May 2010.
The Tribunal concluded by a majority that Ofcom had acted appropriately and wasn’t obliged to implement the GSM Amendment Directive by 9th May 2010.