Appeal commences
The hearing of P4U’s appeal, covering certain aspects of Mr Justice Roth’s decision, commenced on 19 May 25 in Court 73 of the Royal Courts of Justice in London. The judges assigned to hear the case are Lord Justice Flaux, Chancellor of the High Court, Lord Justice Phillips and Lady Justice Falk.
The parties’ skeleton arguments (and respondent’s notice, in the case of Deutsche Telekom AG) are as follows:
P4U’s supplementary skeleton argument is available here and the CMA’s written observations are here. In addition, EE Limited recently received permission to file a supplementary skeleton, which is available here.
The unofficial daily transcripts of the appeal hearing can be found below. Please note that:
1. The transcripts are published in the form received from the transcriber;
2. We are posting the transcripts solely for the convenience of interested third parties and we make no representations as to the accuracy of such transcripts nor accept any responsibility for any inaccuracies contained within them; and
3. The transcripts noted as “Draft” are not yet approved and are therefore subject to such amendments as may be agreed between the parties. Where it is agreed that the real-time transcript was incorrect, amendments may materially change the meaning of the evidence reflected therein.
Day 1 (19/5/25) – Draft (P4U submissions)
Day 2 (20/5/25) - Draft (P4U submissions)
Day 3 (21/5/25) - Draft (P4U submissions; Respondents’ submissions on Grounds 1-3)
Day 4 (22/5/25) - Draft (Respondents’ submissions on Grounds 3,4 & 5)
Day 5 (23/5/25) - Draft (Respondents’ submissions on Grounds 4,5 & 7; CMA submissions; Respondents’ responses to CMA submissions; P4U Reply submissions)