DT Economics acts as expert in Phones 4U litigation - one of The Lawyer's Top 20 Cases of 2022

Mr Justice Roth has handed down judgment in Phones 4U Limited (in administration) v EE Limited and Ors ([2023] EWHC 2826 (Ch)), one of The Lawyer's Top 20 Cases of 2022, following an 11-week trial in the Chancery Division.

DT Economics partner David Thomas acted as expert economist for the claimant. The case concerned allegations that EE, Vodafone and O2/Telefonica had colluded to terminate their supply agreements with Phones 4U, the UK's largest independent mobile phone retailer, causing its collapse into administration in September 2014. Damages of over £1 billion were sought.

The economic expert evidence, permitted on specified issues by court order, addressed market competition in the retail distribution of mobile services, the commercial rationality of the MNOs' decisions, and the value of the Phones 4U business and customer base. David gave evidence alongside opposing experts from RBB Economics, Compass Lexecon and Oxera.

The court dismissed all claims, finding that each MNO had acted independently for its own commercial reasons.