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England and Wales Case Law

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Competition law

Phones 4U Limited (In Administration) v EE Limited & Ors

The Court found that none of the defendants engaged in anti-competitive collusion or concerted practices in breach of competition law; all decisions to withdraw from Phones 4U were taken independently and were commercially rational in the context of market developments, particularly the Dixons/CPW merger. The evidence did not support any unlawful exchange of confidential information or commitments between the MNOs. EE did not breach its contract with Phones 4U, as its decision not to renew was taken in accordance with its commercial interests and not in bad faith. Parent company liability and…

  • Concerted practices
  • Anti-competitive agreements
  • Breach of contract
  • Implied duty of good faith
  • Economic torts
  • Parent company liability
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Competition law [2023] EWHC 2826 (Ch)

Phones 4U Ltd v EE Ltd & Ors

Phones 4U Ltd v EE Ltd & Ors [2023] EWHC 2826 (Ch) (10 November 2023)

The High Court rejected claims that mobile operators colluded over Phones 4U’s exit and that EE breached contract. It also declined adverse inferences from missing material.

  • Anti-competitive collusion
  • Breach of contract
  • Economic torts
  • Document preservation
  • Eu and uk competition law
  • Concerted practices
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.