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UK and EU competition: CAT grants CPO over mobile ‘loyalty penalty’; DMA probes Google and cloud; Red Bull abuse inquiry; SAP commitments; ADNOC/Covestro cleared under FSR; State aid judgments.

Published on: 20 November 2025

Published by a LexisNexis Competition expert
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CAT issues judgment granting CPO in collective damages action brought against mobile network operators for an alleged abuse of dominance over ‘loyalty payments’

The CAT issued its judgment in Mr Justine Gutmann v Vodafone Limited and Vodafone Group Plc, Mr Justin Gutmann v EE Limited and BT Group PLC, Mr Justin Gutmann v Hutchison 3G UK Limited and Mr Justin Gutmann v Telefonica UK Limited, on four CPO applications. Under section 47B of the Competition Act 1998 (CA 1998), applications were brought by Mr Justin Gutmann, as proposed class representative (PCR), against Vodafone Limited and Vodafone Group PLC, EE Limited and BT Group PLC, Hutchison 3G UK Limited (Three) and Telefonica UK Limited (O2). Each mobile network operator (MNO) is alleged to have breached the Chapter II prohibition of the CA 1998 in relation to ‘loyalty payments’.

Background

On 19 January 2024, the CAT published four applications by the PCR to start opt‑out collective proceedings under CA 1998, s 47B against Vodafone, EE, Three and O2...

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