Over the course of April 2018 and May 2018, the mobile network operators submitted their defences to Phones 4U’s claims which were filed on 18 December 2018 in the English High Court. The defences are linked below:
On 18 December 2018, Phones 4U Limited (in administration - “Phones 4U”) issued proceedings in the English High Court against:
Deutsche Telekom AG
Vodafone Group PLC
Telefonica UK Limited (O2)
Telefonica Europe PLC
In the proceedings, Phones 4U advances three claims:
first, that EE, Vodafone and O2 (and/or their respective parent or group companies) were parties to an agreement and/or concerted practice in breach of EU and English competition law;
second, breach of contract against EE, relying on express and/or implied terms as to good faith; and
third, that Deutsche Telekom and Orange procured and induced the breach of EE’s contract with Phones 4U, and/or for common law conspiracy.
A copy of the Particulars of Claim can be found here. Further updates will be posted as the litigation progresses.
Paul Copley, Concurrent Administrator of Phones 4U Limited (in administration)
On 23 November 2018, Paul Copley was appointed as a concurrent administrator of Phones 4U Limited (“Phones 4U”) to investigate the facts and circumstances that prompted the administration of Phones 4U, specifically as they relate to any potential breach of competition law by third parties.
The other administrators of Phones 4U are Ian David Green, Robert John Moran and David James Kelly, partners of PricewaterhouseCoopers LLP. They retain control of all other matters in respect of the administration and their contact details are at http://www.pwc.co.uk/phones4u
A copy of the Court Order appointing Paul Copley is here.
Paul David Copley has been appointed as concurrent administrator of Phones 4U Limited as its agent and he acts without personal liability. He is licensed in the United Kingdom to act as an insolvency practitioner by the Institute of Chartered Accountants in England and Wales. Paul David Copley may act as a controller of personal data as defined by the UK data protection law depending upon the specific processing activities undertaken. Aldan Management Limited may act as a data processor on his instructions. Personal data will be kept secure and processed only for matters relating to the administration. Paul David Copley is bound by the Insolvency Code of Ethics which can be found at: https://www.gov.uk/government/publications/insolvency-practitioner-code-of-ethics