In VIP Communications Limited v Office of Communications (Case No. 1027/2/3/04), the Competition Appeal Tribunal (“CAT”) was asked to overturn Ofcom’s decision that T-Mobile had not infringed the Chapter II prohibition or Article 82 EC. In its judgment of 22 January 2007, the CAT did not agree with T-Mobile (the intervener in the case) who suggested that the CAT only had the power to make a decision that Ofcom could have lawfully made itself at the time of the decision. Rather, the CAT ruled that the Tribunal must decide a case on its merits and has the jurisdiction to substitute its own findings for that of the regulator