Everything Everywhere claimed that BT should not be charging termination costs for calls to 080 numbers and that there should not be a link between their retail charges and BT’s wholesale charges. It was also claimed that the variable charges were inherently discriminatory. Commercial negotiations between the two parties failed and Ofcom agreed to determine whether the termination charges are fair and reasonable.
Following the publication of the dispute between Everything Everywhere and BT, Ofcom received a further dispute submission from O2. Ofcom considered that the dispute raised by O2 towards BT related to the same charges as the Everything Everywhere dispute centred around and that both parties (Everything Everywhere and O2) had exhausted commercial negotiations on the issue. As such, Ofcom has joined O2 as a party to the investigation involving Everything Everywhere and BT, and agreed to determine the issue jointly.