Software Cellular Network Ltd v T-Mobile (UK) Ltd [2007] EWHC 1790 (Ch) (17 July 2007)

Software Cellular Network Ltd v T-Mobile (UK) Ltd [2007] EWHC 1790 (Ch) (17 July 2007)

The court found a seriously arguable case that T-Mobile's refusal to activate Truphone's numbers could constitute an abuse of a dominant position, and that the balance of convenience and risk of injustice justified granting interim mandatory orders requiring T-Mobile to activate the numbers, as damages would not be an adequate remedy for Truphone.

Citation
[2007] EWHC 1790 (Ch)
Parties
Claimant/applicant: Software Cellular Network Limited; Defendant/respondent: T-Mobile (UK) Limited
Jurisdiction
England and Wales
Judgment Date
17 July 2007
Procedural Posture
Interim Injunction Application Under Competition Act 1998 / Interim Relief Prior to Trial
Outcome
Interim mandatory injunction granted
Legal Topics
Abuse of Dominant Position, Interim Injunctions, Market Definition, Essential Facilities Doctrine, End to End Connectivity
Competition Law Telecommunications Law Abuse of Dominant Position Interim Injunctions Market Definition Essential Facilities Doctrine End to End Connectivity

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Parties

Software Cellular Network Limited

Claimant/applicant

T-Mobile (UK) Limited

Defendant/respondent

Procedural Posture

Interim Injunction Application Under Competition Act 1998 / Interim Relief Prior to Trial

Legal Issues

  1. 1 Whether T-Mobile's refusal to activate Truphone numbers constitutes abuse of a dominant position under section 18 of the Competition Act 1998
  2. 2 Whether interim mandatory orders should be granted requiring T-Mobile to activate Truphone numbers
  3. 3 Whether damages would be an adequate remedy for Truphone if interim relief is refused

Ratio Decidendi

The court found a seriously arguable case that T-Mobile's refusal to activate Truphone's numbers could constitute an abuse of a dominant position, and that the balance of convenience and risk of injustice justified granting interim mandatory orders requiring T-Mobile to activate the numbers, as damages would not be an adequate remedy for Truphone.

Court Disposition

Interim mandatory injunction granted

Orders

  • T-Mobile to open Truphone's allocated number range on its systems by 0001 hrs Monday 23 July 2007.
  • T-Mobile to pay Truphone termination rates as specified in T-Mobile's letter dated 13 June 2007 (Day: 0.3536 pence; Evening: 0.1619 pence; Weekend: 0.1275 pence), unless and until Ofcom or the Court determines otherwise.