Nothing to do with economics - I know the market is viable
Its having access to the PSTN line at the same as Openreachs WLR3 offering that is the problem
Illegal line and calls pricing by KC ? - I will let you make up your own mind !
CA refers to the Competition Act
How do you think KCOM were forced to Wholesale Lines to Cobus !!!!! - It was the the threat of the complaint and being found guilty that forced them to give in - I wrote the complaint and met with KC and OFCOM on behalf of my client
http://www.cobuscommunications.co.uk/network_services/index.php"I checked and we don't act for Kingston so you can refer to me if you want.
The charges would appear to constitute illegal tying or bundling contrary to the Chapter II prohibition (s18) Competition Act 1998, make the provision of one service (provision of phone line) conditional on the provision of another product/service (extra phone minutes at a fixed charge), which the customer may not want, and the tying of which cannot be objectively justified. Where the supplier is dominant this is an abuse of a dominant position. It's hard to see how this would be justified. If it had been
previously discussed and cleared with Ofcom eg that Kingston wished to increase charges and regulator said they couldn't unless some quid pro quo, and this was the deal, it would be good to know. In the absence of any such deal, I think Kingston would struggle. A letter pointing this out to Kingston, and possibly saying the charge is in your view illegal as it contravenes CA 1998 would be the right course. Contact with Ofcom as you outline may also be desirable.
Regards,
John Milligan
John Milligan
Partner EU & Competition
Clyde & Co LLP