The Supreme Court of Gibraltar has handed down judgment in Gibraltar’s first competition trial.
The Claimant (“Gibfibre”) alleged that a rival telecommunications operator (“Gibtelecom”) was acting in breach of an allegedly dominant position by refusing to grant Gibfibre access to a data centre from which it is providing colocation services.
Following a contested three-week trial, Restano J dismissed the claim. He found for Gibtelecom on all points, including (i) on the correct definition of the relevant market, (ii) the Defendants were not dominant in that market, (iii) in any event there was no abuse of a dominant position, and (iv) even a successful claim (contrary to his earlier findings) would have resulted in much lower damages than sought by Gibfibre.
The judgment is available here.
Robert Palmer KC and Nikolaus Grubeck acted for the successful Defendants and appeared with Moshe Levy and Samuel Marrache, instructed by Hassans