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Clive Gordon Legal Director, Ofcom. Everything flows from Europe. The Legal Tools Available to Ofcom. EU Competition Law – Competition Act 1998 National Competition Law – Enterprise Act 2002 Ex-ante Sector Rules – Communications Act 2003. Functional Separation under the Enterprise Act.
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The Legal Tools Available to Ofcom • EU Competition Law – Competition Act 1998 • National Competition Law – Enterprise Act 2002 • Ex-ante Sector Rules – Communications Act 2003
Functional Separation under the Enterprise Act BT Group plc FUNCTIONAL SEPARATION Openreach ‘owns’ local access assets • Enduring monopoly • local access (copper and fibre) • Operationally separate e.g. • Different brand • Bonus not based on BT Group • Separate IT systems and accounts • Restrictions on information sharing • … but legally owned by BT Rest of BT Telecos Telecos Telecos EQUIVALENCE Openreach provides exactly the same wholesale products (e.g. Local Loop Unbundling (LLU) to all operators on the same basis