Internet service provider (ISP) Freeserve has won the latest round of its battle to level the playing field for UK ISPs.
The Competition Commission Appeal Tribunal (CCAT) is to investigate in detail a complaint made by Freeserve against BT in March this year.
Freeserve accused BT of capitalising on its dominant position in the closely related wholesale and retail telephony markets, thus gaining an unfair advantage over rival ISPs. But industry watchdog Oftel dismissed the accusation, which forced Freeserve to appeal the decision.
The CCAT said it could call into question the investigations undertaken by Oftel, and said that it would now proceed to look at the substance of Freeserve's complaint.
David Melville, Freeserve general counsel, said: "We welcome the CCAT judgement as underlining a judicial commitment to ensure competition in this important new market - competition is vital if the UK is to achieve its ambitious programme for mass consumer take-up of broadband internet."
The CCAT will begin to look further into the case in mid-January 2003.
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