Phones 4U LtD v EE Ltd & Ors

Phones 4U LtD v EE Ltd & Ors

Given the information asymmetry in competition claims alleging covert collusion, and the need for proportionate disclosure, the court ordered Defendants to provide lists of hold notice recipients and hit reports, allowed limited expansion of custodians, refused early disclosure and overbroad unfiltered searches, and directed Defendants to request access to personal devices of up to four key custodians per Defendant group, with privacy safeguards, to ensure reasonable search for relevant documents within their control.

Parties
Claimant: Phones 4U Limited (In Administration); First Defendant: EE Limited; Second Defendant: Deutsche Telekom AG; Third Defendant: Orange SA; Fourth Defendant: Vodafone Limited; Fifth Defendant: Vodafone Group Public Limited Company; Sixth Defendant: Telefónica UK Limited; Seventh Defendant: Telefónica, S.A.; Eighth Defendant: Telefonica O2 Holdings Limited
Jurisdiction
England and Wales
Judgment Date
17 July 2020
Procedural Posture
Competition Claim (stand Alone Action) / Case Management Conference (cmc) – Disclosure Directions
Outcome
Application granted in part, refused in part
Legal Topics
Disclosure, Anticompetitive Agreements, Document Preservation, Custodian Selection, Proportionality in Disclosure, Personal Data in Litigation
Competition Law Civil Procedure Disclosure Anticompetitive Agreements Document Preservation Custodian Selection Proportionality in Disclosure Personal Data in Litigation

Case Brief

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Parties

Phones 4U Limited (In Administration)

Claimant

EE Limited

First Defendant

Deutsche Telekom AG

Second Defendant

Orange SA

Third Defendant

Vodafone Limited

Fourth Defendant

Vodafone Group Public Limited Company

Fifth Defendant

Telefónica UK Limited

Sixth Defendant

Telefónica, S.A.

Seventh Defendant

Telefonica O2 Holdings Limited

Eighth Defendant

Procedural Posture

Competition Claim (stand Alone Action) / Case Management Conference (cmc) – Disclosure Directions

Legal Issues

  1. 1 Whether Defendants must disclose lists of 'hold' notice recipients and 'hit' reports
  2. 2 Appropriate selection and scope of custodians for disclosure
  3. 3 Whether early disclosure of certain documents should be ordered

Ratio Decidendi

Given the information asymmetry in competition claims alleging covert collusion, and the need for proportionate disclosure, the court ordered Defendants to provide lists of hold notice recipients and hit reports, allowed limited expansion of custodians, refused early disclosure and overbroad unfiltered searches, and directed Defendants to request access to personal devices of up to four key custodians per Defendant group, with privacy safeguards, to ensure reasonable search for relevant documents within their control.

Court Disposition

Application granted in part, refused in part

Orders

  • DT, Vodafone and O2 to provide lists of 'hold' notice recipients by 31 July 2020
  • DT to provide 'hit' report by 31 July 2020