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Following the first Case Management Conference post-certification in the “Airwave” collective abuse of dominance proceedings against Motorola, the Competition Appeal Tribunal (Bacon P presiding) has scheduled the claim for a 6 week trial, to commence in October 2027. In so doing, the Tribunal unanimously granted the Class Representative’s application for a split trial, whereby Motorola’s pass-on defence is deferred until a later date, with all other issues being heard together at the first trial. The Tribunal also took the novel step in collective proceedings of requiring the Defendants to produce a costs budget setting out their incurred and estimated costs for the proceedings, accepting the Class Representative’s submissions that this step was important in ensuring costs visibility and placing the parties on an equal footing.
The case has been covered by GCR (subscription only).
Monckton’s Michael Armitage represented the Class Representative, Clare Spottiswoode, at the CMC. Michael is being led by Anneli Howard KC in the proceedings.