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In a judgment handed down on 7 March, the Bailiff of Guernsey, Sir Richard McMahon, set aside a 2021 decision by the Guernsey Competition and Regulatory Authority (GCRA) finding that Sure and Jersey Telecom, two of the main providers of mobile telephone services in Guernsey, had entered into an unlawful concerted practice in relation to proposals for the roll-out of 5G mobile telephone services in Guernsey. The Bailiff set aside the decision on the basis that key findings made in the decision had not been put to the parties in the GCRA’s statements of objections. He went on to state that in any event he would have been minded to set aside the decision on a number of grounds relating to the substance, including a finding of object infringement. The judgment also contains rulings on important aspects of Guernsey competition law, including its relationship to EU law and the standard of review to be applied by the Royal Court on appeal.
George Peretz KC assisted a Bedell Cristin team, led by Advocate Jon Barclay, for Jersey Telecom before the GCRA and on the appeal.
Stefan Kuppen assisted a Carey Olsen team, led by Advocate Elaine Gray, for Sure Guernsey on the appeal.
Josh Holmes KC and Julian Gregory assisted a team at the GCRA