UK: EE and Three lose High Court cases over mobile phone caps

EE and Three have lost separate High Court cases over caps on the amount of mobile spectrum any network can control, a move which opens the door for long-awaited 4G and 5G auctions.

Both companies took issue with Ofcom’s plans to cap the amount of mobile spectrum that any operator can own at 37% – a move which BT’s EE challenged for being too rigid, while Three was concerned that the allowance was too generous.

The High Court found that Ofcom had engaged in a “detailed predictive analysis of how the market would work in the future” and consulted economic models which struck a balance between protecting consumers and competition and “setting restrictive caps which were not disproportionate to BT/EE.”

“The balance exercise was sound,” the High Court found following a three-day hearing earlier this month.

Ofcom welcomed the ruling, which had delayed its auction of airwaves to support the expansion of 4G and 5G in the UK.

Full Content: Reuters

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