“…ive background is undoubtedly relevant to the interpretation of a contract, it is not necessarily determinative. In Floe Telecom Ltd v Office of Communications [2009] EWCA Civ 47, [2009] Bus LR 1116 this court considered the interpretation of a licence to operate a mobile telephone network. The legislative background included EU Directi…”
“…matters which do not arise for decision was emphasised in the competition law context by the Court of Appeal in Office of Communications v Floe Telecom Limited [2009] EWCA Civ 47 (see especially the judgment of Mummery LJ at [22] to [24] and Lawrence Collins LJ at [122]).…”