30 Mar 2005
PCCW-HKT TELEPHONE LTD v. THE TELECOMMUNCIATIONS AUTHORITY
- Citation
- PCCW-HKT TELEPHONE LTD v. THE TELECOMMUNCIATIONS AUTHORITY
- Court
- Court of First Instance
- Case number
- HCAL63/2004
The court concluded the TA's decision to issue the section 36A Determination against the applicant alone was substantially influenced by the Authority's perception of the applicant's market dominance (used as the rationale for continuing to treat the applicant as the benchmark), which is not a legitimate basis under section 36A; accordingly the Determination was unlawful and was quashed.