Hutchison 3G UK v O2 and others [2008] EWHC 50 (Comm)

High Court judgment (about 15 pages) rejecting an application by mobile phone operator 3 for pre-action disclosure in relation to allegations by 3 that the four other UK mobile phone network operators have colluded and/or abused a dominant position by preventing the development of an efficient and effective alternative mobile number portability system.

The judge found that 3's application was for over-broad classes of documents, and he was in any event unconvinced that pre-action disclosure would be justified as a matter of efficient case management.

Given these conclusions, the judge did not need to take a view on 3's chances of success. The other operators had argued that the collusion part of the case was "doomed to failure", and 3 did not significantly rely on abuse of dominant position claims in this application.

For further information or advice please contact Franck Latrémolière.

Filed under Article 81, Article 82, UK courts.

Reckon LLP is an economics consultancy with expertise in data analysis, economic regulation and competition law.

About Reckon