All the parties to the appeal by three mobile phone operators against the decision of the communications regulator ComReg, that they were jointly dominant in the Irish market, agreed this morning that the ruling be annulled.
The appeal hearing was in front of a panel of ECAP, the Electronic Communications Appeal Panel. Part of the case made by the three operators was that ComReg had denied them natural justice by not hearing their arguments before making its joint dominance ruling.
This morning’s settlement of the case means that ComReg consented (with the operators) to ECAP issuing an Order annulling the joint dominance decision. The Order will be formulated in legal terms shortly.
This is the third recent legal setback for ComReg decisions.
On 26 September this year another ECAP panel annulled part the ComReg decision that declared the new mobile operator trading as ‘3’ to have significant market power.
And on 30 July this year the High Court decided (in a judicial review case) that an order issued by ComReg to Eircom, that the latter must open its landlines to competing operators under what is called ‘local loop unbundling’ had wrongly pre-empted the company’s right to appeal an earlier ComReg decision.