Jurisdiction(s):
United Kingdom

UK competition law update: Court of Appeal refuses permission in Motorola v CMA Airwave market investigation; CMA interim Chair Doug Gurr outlines growth and investment priorities

Published on: 30 January 2025

Published by a LexisNexis Competition expert

Legal News

Article summary

Market studies Court of Appeal dismisses application to appeal concerning emergence communication services

The Court of Appeal handed down its judgment in Airwave Solutions Ltd & Ors v CMA, determining Motorola Solutions Inc.’s (Motorola) request for permission to appeal the CAT’s judgment of 22 December 2023, which upheld the CMA’s decision contained in its final report dated 5 April 2023, as set out therein, on the market investigation into the supply of land mobile radio network services for public safety in Great Britain (the CMA’s 2023 decision). The Court of Appeal ultimately refused the application.

Background

The CMA’s 2023 decision concerns the provision of mobile communications to local and national emergency services under the ‘Airwave Network’ in Great Britain, specifically. The CMA concluded that, once the original contractual term governing that supply had expired, the terms on which the services were delivered gave rise to an ‘adverse effect on competition’ within the meaning of section 134 of the Enterprise Act 2002. The CMA also found that Motorola would have been able to earn ‘supernormal’ profits, of about £1.2bn over 2020-2029, and therefore imposed a ‘charge control’ limiting Motorola’s prices from August 2023 onwards...

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