T-Mobile (UK) Ltd. & Ors, R (on the application of) v Competition Commission & Anor

T-Mobile (UK) Ltd. & Ors, R (on the application of) v Competition Commission & Anor

The Director was entitled to impose price regulation on operators not designated as having SMP under the relevant Directives; the one-day price cap and its continuation were lawful and proportionate; the calculation of the fair charge and externality surcharge was reasoned and not irrational; the interpretation of 'all reasonable demands' was broad and legitimate; and the regulatory actions were consistent with both domestic and EU law during the legislative transition.

Parties
Claimant: T-Mobile (UK) Ltd; Claimant: Vodafone Ltd; Claimant: Orange Personal Communications Services Ltd; Defendant: The Competition Commission; Defendant: The Director-General of Telecommunications; Interested Party: 02; Interested Party: The Department of Trade and Industry
Jurisdiction
England and Wales
Judgment Date
27 June 2003
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Applications for judicial review dismissed
Legal Topics
Price Regulation, Significant Market Power (smp), Transitional Regulatory Regimes, Judicial Review of Regulatory Decisions, Interpretation of EU Directives, Licence Modifications, Externality Surcharge, Market Analysis Procedures
Telecommunications Law Competition Law Administrative Law European Union Law Price Regulation Significant Market Power (smp) Transitional Regulatory Regimes Judicial Review of Regulatory Decisions +4 more

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Parties

T-Mobile (UK) Ltd

Claimant

Vodafone Ltd

Claimant

Orange Personal Communications Services Ltd

Claimant

The Competition Commission

Defendant

The Director-General of Telecommunications

Defendant

02

Interested Party

The Department of Trade and Industry

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Director could lawfully impose price regulation on operators not designated as having SMP under the relevant Directives
  2. 2 Whether the Commission and Director acted lawfully in imposing a one-day price cap and proposing its continuation under the new regime
  3. 3 Whether the calculation of the fair charge and externality surcharge was rational and adequately reasoned

Ratio Decidendi

The Director was entitled to impose price regulation on operators not designated as having SMP under the relevant Directives; the one-day price cap and its continuation were lawful and proportionate; the calculation of the fair charge and externality surcharge was reasoned and not irrational; the interpretation of 'all reasonable demands' was broad and legitimate; and the regulatory actions were consistent with both domestic and EU law during the legislative transition.

Court Disposition

Applications for judicial review dismissed

Orders

  • Permission to apply for judicial review granted on all issues
  • All substantive applications for judicial review dismissed