The Competition Appeal Tribunal (“CAT”) has ruled in an application under section 179 of the Enterprise Act 2002 by Motorola for review of the Competition and Markets Authority’s (CMA) Final Report on “Mobile radio network services” of 5 April 2023.

Anneli Howard KC and Jack Williams of Monckton Chambers and Professor Suzanne Rab of Serle Court instructed by TLT LLP acted for the Home Office, intervening successfully in support of the CMA’s final decision.

The CAT unanimously dismissed all of Motorola’s grounds of appeal.  It held that there had been no failure by the CMA to take into account a relevant consideration, nor was there any inconsistency between its findings on market definition and those made in its competitive assessment. The CAT further held that the CMA was entitled to a degree of latitude in how it approached its profitability assessment and the approach it adopted was neither irrational nor inconsistent.

A copy of the judgment can be found here.