Months after the Royal Court overturned a GCRA decision against Sure and JT, the Court of Appeal has given the regulator permission to challenge that verdict.
The Guernsey Competition and Regulatory Authority had previously found the telecommunication firms guilty of breaking competition rules.
They challenged that in court with the Bailiff finding in favour of the telcos earlier this year.
He overturned the GCRA’s ruling and fine and later told the GCRA it couldn’t appeal against his decision.
The regulator in turn challenged that and has now found favour with Michael Furness JA who was sitting as a Single Judge of the Court of Appeal.
The GCRA has been given leave to appeal on the grounds of ‘procedural unfairness’ and the exclusion of evidence.
It said this was the right decision.
“We are pleased that the Court of Appeal judge has concluded we may have an arguable case and has given the GCRA leave to Appeal the earlier decision of the Royal Court,” said a GCRA spokesperson.
“It will now be a matter for the Court of Appeal to consider the arguments. This is part of the ongoing legal process and as such we are unable to comment further.”
The appeal is not expected to be heard before early next year.
The original matter revolved around the granting of licences for the provision of 5G services in Guernsey.
A GCRA investigation had claimed that between August 2018 and November 2019, “JT and Sure privately developed a joint plan without disclosing it to the Authority or the States that would mutually benefit each in their homes markets”.
Sure was fined £2,962,632 and JT £439,608 for this commercial collusion which the regulator said had infringed competition law.
However, they in turn argued that the GCRA had failed to follow proper legal process, and didn’t adhere to procedures which led to them challenging the verdict and fine in court.
They also claimed they had been encouraged by the States of Guernsey to explore the possibility of a shared 5G network.