The Court of Appeal has unanimously dismissed an appeal brought by the administrators of Phones 4u against the judgment of Mr Justice Roth. The first instance decision rejected Phones 4u's claims that the three largest mobile network operators (EE, Vodafone and O2) and their then parent companies had colluded to withdraw their services from Phones 4u and put Phones 4u out of business.
Mishcon de Reya successfully defended O2 in both the High Court proceedings and the appeal. The appeal was fought on seven grounds at a five-day hearing in May 2025. The Court also heard submissions from the Competition and Markets Authority, which had obtained permission to intervene. All seven grounds were dismissed in an important judgment written by Lady Justice Falk.
Phones 4u primarily argued that Mr Justice Roth made an error of law in finding that there was no concerted practice between O2 and EE and in failing to apply the 'Anic presumption'. It also contended that Mr Justice Roth failed to take evidence in the round and to refer to certain evidence, which, on the basis of the delayed judgment (handed down 15 months after trial), rendered it unsafe. Lady Justice Falk rejected these arguments entirely, and in doing so clarified the law on concerted practices and set out some useful guidance on the matter of late judgments.
Nicola Bridge led the Mishcon de Reya team alongside Partner Tom Roberts, supported by Emma James.
Nicola Bridge commented:
"This decision further vindicates O2's steadfast defence of its position and will be welcomed by all litigants in long and complex proceedings, where judicial thoroughness should be valued above speed of rulings."