Source: All England Reporter
Publisher Citation: [2001] All ER (D) 229 (Oct)
Court: Court of Appeal, Civil Division
Judge:

Lord Phillips MR, Henry and Brooke LJJ

Representation Richard Gordon QC, Alan Maclean and Kelyn Bacon (instructed by Ashurst Morris Crisp) for BT.
  David Vaughan QC and Mark Brealey (instructed by Simmons & Simmons) for One 2 One.
  Richard Fowler QC, Jonathan Crow and Clive Lewis (instructed by the Treasury Solicitor) for the Secretary of State.
  Nicholas Green QC and Andrew Henshaw (instructed by Linklaters) for Vodafone as intervenor.
Judgment Dates: 17 October 2001

Catchwords

European community - State aid - Auction of mobile telecommunications licences - Requirement that payment be made on granting of licence - Associated companies bidding for licences - Pre-condition of grant of licences that companies cease to be associated - Delay before grant of licences and requirement for payment - Whether delay in requirement for payment constituting discrimination in favour of companies amounting to state aid.

The Case

The Secretary of State for Trade and Industry had not unfairly discriminated in favour of two successful bidders for mobile telecommunications licences in a manner which constituted state aid in contravention of art87(1) of the EC Treaty, by not requiring them to pay for their licences until four months after two other successful bidders.

Practice Areas

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