The case started in 2022 after an investigation by the GCRA that concluded with it imposing fines of nearly £3m. on Sure and £439,608 on JT for alleged involvement in colluding to hold back the development of mobile networks in the island.
By agreement with all the parties, the court had considered only written arguments. The GCRA view was that there had been a material procedural error, but the Bailiff, Sir Richard McMahon, presiding, did not accept that.
That original Royal Court judgment overturned the fines and accepted the arguments by Sure and JT that the regulator had not followed correct procedure.
After an initial request for leave to appeal was rejected by the Royal Court, the GCRA was granted leave by the Court of Appeal.
Now that appeal has been upheld, the matter will return to the Royal Court for arguments to be heard.
‘This decision by the Court of Appeal is important because it underlines that the GCRA has followed best practice and conducted its investigation into this matter correctly, ensuring both parties were given the opportunity to defend their actions,’ said GCRA chairman John Curran.
Among the claims made by the GCRA was that Sure and JT secretly exchanged commercially sensitive information and coordinated with each other, forbidden under competition law.
It believed that this amounted to a conspiracy against the consumer and said the potential consequences would have weakened competition in a market that was essential to island residents, business and Guernsey’s long-term digital and economic future.
The GCRA said that legal action was always a measure of last resort, but it had a responsibility to act where it believed competition and consumers were at risk. Both telcos have been approached for comment.
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