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