The first key judgment by the Supreme Court in the telecommunications sector raises fundamental questions for telecoms operators, regulatory lawyers and Ofcom about how Ofcom exercises its dispute resolution functions and the impact this may have on the way telecoms operators interact in the future.
In addition, the judgment raises interesting questions about when Ofcom should invoke exceptional circumstances in the context of a dispute and if and when Ofcom should withdraw decisions that are rendered fallible by a subsequent court judgment. The answers to these questions have far reaching implications, particularly given the number of interconnection disputes currently underway and the prospect of many more to follow.
What are the implications of the recent Supreme Court ruling? Read our briefing note to find out.