Freeserve has had another complaint against BT kicked into touch by the Office of Fair Trading (OFT), but has said it will appeal the decision.
The OFT effectively exonerated BTOpenworld's consumer broadband pricing policies in 2002. Freeserve appealed the decision to the Competition Commission Appeals Tribunal, but in April the tribunal upheld the original ruling.
Freeserve then asked the OFT to reassess the allegation that BTOpenworld's consumer broadband pricing policies amounted to a breach of competition law.
The ISP alleged that there was a "prima facie case of unlawful cross subsidy" between BTOpenworld and the remainder of BT.
BTOpenworld was also alleged to be engaging in predatory pricing in relation to its consumer broadband products.
But in a statement released today the OFT said there was no case to answer.
Freeserve, however, is not prepared to let the matter drop.
The ISP said in a statement: "We disagree with a number of the key assumptions and conclusions in the decision, which we believe is fundamentally flawed on factual, legal and methodological bases.
"Given the importance of achieving sustainable competition in the broadband market we believe it in the interests of all parties involved that clarity and certainty is brought to this area as soon as possible, and will be looking to get the appeal filed with the Competition Appeal Tribunal at the earliest opportunity."
BT was not available for comment at the time of going to press.
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