The Court of Appeal has today dismissed an appeal brought by Motorola against the CMA’s decision to impose a price cap on its Airwave telecoms network. Airwave is used by police, fire, ambulance and other emergency services. The CMA’s charge control, made under powers in the Enterprise Act 2002, prevents Motorola from overcharging the Government around £200m each year.
Last year, Motorola brought judicial proceedings against the CMA’s decision in the Competition Appeal Tribunal on grounds that the CMA had misunderstood the relevant competitive constraints and wrongly assessed the profitability of the Airwave network. The CAT rejected those arguments in a judgment handed down in December 2023. Motorola sought to revive those arguments before the Court of Appeal, which ordered a “rolled up” hearing.
Today’s judgment rejects Motorola’s arguments and refuses permission to appeal (as a result preventing Motorola from taking its case to the Supreme Court). Subject to a review in 2026, the cap will continue in place in 2029.
Josh Holmes KC and Will Perry acted for the CMA.
Anneli Howard KC acted for the Home Office, intervening in support of the CMA. Jack Williams also acted for the Home Office at first instance.
The case has been reported in the press, for example in City AM.