Phones 4u Ltd (In Administration) (claimant/appellant) v EE Ltd & ors (defendants/respondents)
Monday 19 – Friday 23 May 2025
By appellant’s notice filed on 5 February 2024, the Claimant appeals the orders made by Mr Justice Roth on 19 December 2023, 21 December 2023, and 12 January 2024, sitting in the Business and Property Courts, Competition List. These orders dismissed the Claimant’s claims, mandated interim payments, imposed interest, and awarded costs.
The appeal arises from a claim brought by the administrators of Phones 4U, who alleged that the company’s financial collapse was caused by unlawful conduct on the part of the defendants. The Claimant accused the defendants of breaching Article 101(1) of the Treaty on the Functioning of the European Union (TFEU) and the Chapter I prohibition in section 2 of the Competition Act 1998 (CA 1998). Central to the appeal are fundamental questions about how covert sharing of sensitive business information between competitors may constitute an infringement of competition law and how the causal consequences of such infringements should be analysed under the ‘Anic presumption’ tied to Article 101.
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