Airwave Solutions Limited v Competition and Markets Authority

The Competition Appeal Tribunal, in a unanimous decision, has upheld the CMA’s finding that Motorola was able to charge prices above the level expected in a competitive market for providing communications network services to the UK emergency services. In an application under section 179 of the Enterprise Act 2002 Motorola had contended that the CMA had failed to take its own findings on competitive constraints into account when determining that there were adverse effects on competition in the relevant market and had relied on an unlawful profitability analysis to conclude both that there were adverse effects on competition and that the remedy should be a charge control on the price contractually agreed with Government for network services. Neither ground succeeded.

Naina Patel acted for the Competition and Markets Authority.

Paul Luckhurst acted for Motorola.

The judgment may be found here.