Mlex is reporting that the European Commission has condemned O2’s complaint to the Ombudsman which asserted that the UK mobile provider had been mistreated in an investigation over roaming fees. The Ombudsman opened the inquiry in 2006 following a Commission investigation that found O2 exploited its dominant position in the UK market by charging excessive wholesale prices. According to O2, the Commission did not grant proper rights of defence to the company in the framework of proceedings against O2.
According to a document seen by Mlex, the commission denies obstructing access to file and defends its right not to issue a supplementary Statement of Objections, which Ofcom claims it should do as it ‘material changed its case’ mid investigation. The Commission has told the Ombudsman 02’s claim is “ill-timed because the procedure is not yet over, and O2 still has adequate opportunity to make representations to the Hearing Officer.”