Original article ISPreview UK:Read More
The long-running saga of former high street mobile phone retailed Phones 4u (P4u), which fell into administration in 2014 and claimed that key mobile operators (e.g. O2, EE and Vodafone) had colluded to drive them out of business, may have finally come to an end after the Court of Appeal in London dismissed each ground of the case.
In case anybody has forgotten. O2 decided not to renew their new connections contract with P4u in October 2012 and a year later this was extended to include their upgrades and SIM-only contract. On 7th August 2014 Vodafone UK gave written notice to P4u terminating its contract with effect from February 2015, and in September 2014 EE informed P4u by letter that it would not renew its agreement when it expired in 2015 either. P4U went into administration three days later.
The retailer later alleged that the mobile operators had colluded to drive them out of business and initially lodge a £1bn damages claim. But the judge in a prior appeal found that all of the mobile operators had their own reasons for wanting to exit their respective agreements with P4u, which did not amount to significant collusion or anti-competitive behaviour.
The Court of Appeal has today dismissed the latest attempt by P4u to reverse the earlier ruling (here). “In conclusion, I would dismiss each ground of appeal. The judge made no material error of law and, in respect of challenges based on delay or compartmentalisation, I am satisfied that the judgment is safe,” said the ruling.
P4u is now considering its next steps, but the latest judgment doesn’t seem to leave them with many viable options.