RE: Class action26 Mar 2024 20:52
Aus I believe the total figure Patourel's lawyers are chasing is £1.3 Billion; It isn't an insignificant sum, but it wont bankrupt BT if the full award is granted.
A substantial/biggest portion of the full award is relying on the court awarding compensation to split purchase customers up to the trial start date in 2024, which would go against OFCOM's decision to class such customers as well engaged and able to search out competitive deals online.
BT is one of the most regulated companies on the planet, OFCOM limit their wholesale pricing offered to competitors and basically tell BT/Openreach how high to jump; There's a good argument that court's shouldn't be involved in deciding pricing for such a highly regulated entity, in view of the regulatory thumb BT are under. Something else, to suggest that Landlines are a market in their own right is flawed, since other options are available like Mobiles and services from other CP's, who BT have no control over, you could argue that classing Landlines as its own market is opinion and not fact. The reason other CP's followed BT's landline rental increases is because they don't actually want landline customers, and therefore raised prices to discourage that class of customer transferring service to them from BT. If the CAT do award Split Purchase customers compensation, then they've basically overruled OFCOM's classification of that type of customer and decided BT's pricing going forward for that type of service.
I'd be surprised if the CAT include Split Purchase customers for compensation, should BT lose, since they'd be saying they have more expertise than OFCOM in deciding regulatory matters in relation to BT's pricing; So my guess would be around £600 Million maximum, if BT loses.
In my opinion BT should win this case, since they've only been dancing to OFCOM's tune and doing as they're told. If OFCOM hadn't ordered BT to reduce prices then there wouldn't even be a case, since the case against BT is based purely on the fact that BT voluntarily reduced prices on OFCOM's instruction.