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The High Court has discharged an injunction that was obtained by Packet Media Limited (“PML”) against Telefonica UK (“TUK”) in July 2015. PML operates GSM Gateways and provides telecommunications services to its own business customers. The use of those Gateways was contrary to TUK’s Gateway Policy. PML sought to restrain TUK from disconnecting the SIM cards that PML were using to provide access and origination services to its customers. It did so on the basis that it was arguable that TUK were dominant on the market for the wholesale supply of access and origination services and was abusing that dominance. TUK had been given liberty to discharge the injunction and applied to do so by reference, inter alia, to public statements by Ofcom that that market was highly competitive. The Court found that the contention that TUK were dominant on that market did not give rise to a serious to be tried. The injunction will be discharged within two weeks and the Claim was struck out.
Brendan McGurk acted for Telefonica