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The UK Court of appeal challenges the decision of OFCOM to award licences by way of auction (T-Mobile & Telefónica 02 UK)

On 4th April 2008, OFCOM published a document entitled “Award of available spectrum: 2500-2690 MHz, 2010-2025MHz” (hereafter “The Award”). This document contained important information on how and when OFCOM intended to go about licensing the spectrum concerned. The contentious decision was the one to proceed forthwith by way of auction for the two wavebands concerned. The appelants, O2 and T-Mobile, object to this decision. They contend that: “they already hold licences for other parts of the spectrum, that there is a possibility that they may lose some of the licences they now have for other parts of the spectrum pursuant to a decision to be made by OFCOM at some

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Thomas Perroud, The UK Court of appeal challenges the decision of OFCOM to award licences by way of auction (T-Mobile & Telefónica 02 UK), 12 December 2008, e-Competitions Bulletin Licensing agreements, Art. N° 23298

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