Freeserve, the British ISP owned by France Télécom, is to appeal for a second time to the Competition Appeal Tribunal, claiming that BT Openworld is guilty of predatory pricing. In its first appeal – launched in April – the tribunal found in favour of Freeserve by ruling that the director general of Oftel had shown a lack of reasoning in dismissing part of Freeserve’s complaint. Freeserve had alleged that BT Openworld’s consumer broadband pricing policies amounted to a breach of competition law with cross subsidising taking place between Openworld and the rest of BT. It also accused it of predatory pricing, claiming that it was selling services at below cost. On Friday however, Oftel concluded that BT was not breaching competition law. Freeserve immediately claimed it would file a second appeal at the earliest opportunity.