The backbone of a communications network, which carries different services such as voice or data.
This Practice Note explores the network and facilities sharing arrangements entered into by mobile network operators (MNOs). In examining the key types of infrastructure sharing, the strategic rationale behind the practice, infrastructure sharing models, competition issues and future developments it presents an overview of how legal and regulatory risks may be best managed.It covers the following:•Key types of infrastructure sharing•Strategic rationale for sharing infrastructure•Infrastructure sharing models•Legal red flags•Competition and regulatory factors•The futureNavigating the complex waters of negotiating network and facilities sharing arrangements can bring significant benefits for MNOs. Strategic sharing initiatives continue to present significant cost saving opportunities, whether collaborating with market competitors, or through tie-ups with independent tower companies or facilities providers. However, as this Practice Note illustrates, it remains key to ensure that inherent legal and regulatory risks are managed effectively when negotiating and concluding arrangements.Key types of infrastructure sharingMNOs generally share their mobile network infrastructure in either a passive or active way, depending on the type of infrastructure/equipment to be shared.Passive infrastructure sharingThis involves the sharing or co-locating of non-electronic infrastructure at a physical location or site, or the site itself where mobile equipment is located.Common passive assets which are shared between MNOs are towers, masts, antennas (without integrated signal amplifiers), cables, ducts, and/or related facilities/services such as filters, power
Royal Mail plc v Ofcom & Anor (Court of Appeal) [Archived] CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgment of 07/05/2021; it is no longer maintained. See further, timeline Case facts Outline An appeal against the CAT’s ruling which upheld Ofcom’s decision that Royal Mail infringed the Chapter II prohibition under the Competition Act 1998 and Article 102 TFEU by discriminating against its only competitor (Whistl) in relation to the supply of bulk mail services in the UK. Latest developments On 7 May 2021, the Court of Appeal issues its judgment in which it dismissed the appeal in its entirety. The Court of Appeal held that the CAT: (i) did not err in finding that it was not necessary to conduct an as-efficient-competitior test (the AEC test) in all cases, and that the application of the AEC test in this case was problematic. This case did not fall easily into any of the categories of abusive pricing in which an AEC test had been considered, in case law , to be appropriate; and (ii) was entitled to find that the AEC test relied upon by Royal Mail was not persuasive in showing that the differential pricing was not anti-competitive. The CAT did not err in law in concluding that Ofcom had established the abuse of Royal Mail's dominant
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This week’s edition of Commercial weekly highlights includes news of the Supreme Court ruling in Wells v Devani reinforcing oral agreements, the latest Brexit Bulletins and no-deal guidance and the judgement in Awbury Technical Solutions v Karson Management concerning freedom of expression and the commercial use of confidential information.
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