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