Pre-emptive FOI request Regarding Phorm for referral to the Competition Commission

Keith Mallen (Ataliwyd y cyfrif) made this Rhyddid Gwybodaeth request to Office of Fair Trading

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Office of Fair Trading Nid oedd gan y wybodaeth y gofynnwyd amdani.

Keith Mallen (Ataliwyd y cyfrif)

Dear Sir or Madam,

I am informed via the Competition Commission Website

That they do not deal with requests from individuals but will act on information provided by a body such as yourselves.

Therefore I am requesting that you contact them to ask for any information relating to considerations they may have made in regard to a company called Phorm or similar.

Until recently Phorm claimed to have agreements in place with the three main ISP companies within the UK; BT, Virgin and TalkTalk, which would have resulted in a claimed 70% coverage of the consumer broadband market.

I understand that the markets for broadband/ISP consumer suppliers has been deregulated in order to guarantee some level of competition.

Whilst I strongly disagree with the methods that companies like Phorm use, DPI, and find them unacceptable I would like to know that should ISPs choose to adopt solutions either based on such technology, which I hope will not happen, or something more compliant with the changing regulatory landscape we will not end up with a situation where one company controls 70% of the market.

FOI request.

Please provide details of how the Competition Commission has and is approaching this possibility.

Yours faithfully,

Keith Mallen

Nigel Bussey, Office of Fair Trading

Dear Mr Mallen

Freedom of Information Act ('FoIA')

Thank you for your e mail regarding Phorm and a possible referral to the
Competition Commission

Your request:

In your e mail you asked 'Please provide details of how the Competition
Commission has and is approaching this possibility' [a situation where
there is one company, Phorm, which allegedly controls 70% of a particular

Duty to confirm or deny whether we hold the information requested:

Unfortunately, we cannot provide any information relevant to your request
as we do not hold it. The OFT is an entirely separate body from the
Competition Commission who should be able to answer your request as they
are also subject to the FOIA regime and can handle requests directly

Duty to provide advice and assistance:

Under our duty to provide advice and assistance, the following link
provides further information on how to contact them in connection with
FoIA requests:

I hope you find the above information of use.

Appeals Procedure

If you wish to complain about the way in which your request for
information has been handled, you may seek an internal review by writing

The Internal Review Co-ordinator
Room GS 3
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square

You may alternatively send an e-mail to [2][email address]
We will deal with your complaint within 20 working days of receipt or, if
this is not possible, advise you of a date by which we expect to have
completed a review of your complaint.

If you remain dissatisfied with the OFT's response you have the right to
complain to:

The Information Commissioner
FOI/EIR Complaints Resolution
Information Commissioner's Office
Wycliffe House
Water Lane

Yours sincerely

Nigel Bussey
Information Access Team


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Gadawodd Keith Mallen (Ataliwyd y cyfrif) anodiad ()

Ooops.. My misunderstanding.

I thought the 'quoted section' referred to my original message so did not expand it for the extra stuff.

Prior to doing so I thought the message/request might have been forwarded to the 'Competition Commission' for their appraisal.

It would seem not....

The Competition Commission has its own route for FOI requests.

Keith Mallen (Ataliwyd y cyfrif)

Yo! Nigel.

Thanks for the reply and the extra information. It appears on..


"[Subject only] FW: Freedom of Information request - Pre-emptive FOI request Regarding Phorm for referral to the Competition Commission"

So, prior to looking at the 'show quoted sections' option I sort of assumed you were just quoting my original request and, with FW in your reply, I took a guess that you might have forwarded my query to the Competition Commission.

Have you done so or do I have to do something for myself?

Yours sincerely,

Keith Mallen

Nigel Bussey, Office of Fair Trading

Hello Mr Mallen

Thank you for your further e mail.

Unfortunately, it is up to you to contact the Competition Commission if
you want to pursue your request for information. The following link
gives the contact details:

Yours sincerely

Nigel Bussey
Information Access Team

dangos adrannau a ddyfynnir

Keith Mallen (Ataliwyd y cyfrif)

Dear Nigel Bussey,

OK Thanks

Yours sincerely,

Keith Mallen