Category Archives: Court decision

ECJ finds Data Retention Directive invalid. What next?

On 8 April 2014 the European Court of Justice ruled that the Data Retention Directive 2006/24/EC interferes in a particularly serious manner with the fundamental rights to respect for private life and to the protection of personal data. The Directive … Continue reading

Posted in Belgium, Court decision, EU, Fixed, France, Germany, Mobile, Regulatory action, Spain, Telecoms, UK | Tagged , | 1 Comment

How serious is India about foreign investment as an engine for growth?

I will be spending next week in Mumbai and Delhi (with @singarbitration), and in preparation have been contemplating the impact of the recent budget proposals on foreign investment, and in turn the implications for the Indian economy. Before going on any trip, … Continue reading

Posted in Commercial activity, Court decision, Foreign direct investment, Government policy, Hardware, India, M&A, Media, Mobile, Satellite, Services, Software, Technology, Telecoms | Tagged , , , , , , , | 1 Comment

Indian Supreme Court decision in Vodafone tax case good news for international investors in India

The judgement of India’s Supreme Court on 20 Jan in the Vodafone tax case, removes (at least for now) some of country-specific risk that has been holding back investment by multi-national companies in India. Reduction in perceived risk is likely to encourage … Continue reading

Posted in Commercial activity, Court decision, India, M&A, Mobile, Telecoms | Tagged , , , , | 2 Comments

Patent power (part 2) – Google buys Motorola Mobility

Today’s big news is Google’s acquisition of Motorola Mobility. What is fascinating is the logic for the deal. This is not a deal driven by customers or operating synergies – it is all about Motorola’s patents. The give-away is the final … Continue reading

Posted in Commercial activity, Court decision, Hardware, M&A, Mobile, Software, Technology, Telecoms | Tagged , , , , , , , | 1 Comment

CAT considers dispute resolution whilst Ofcom publishes annual communications market review

Regular readers will have noticed that this blog has been rather quiet of late. Normal service will be resumed in September – for now my energies are being directed into writing up some original research on mobile money as well as … Continue reading

Posted in Broadband, Commercial activity, Court decision, Fixed, Mobile, Telecoms, UK | Tagged , , | 1 Comment

Ofcom publishes statutory backing for new PhonepayPlus rules

The watcher has been a bit quiet recently – caused by a combination of a business trip to Singapore and a holiday. Despite the holiday period there has been a lot going on including:  yesterday’s UK case on site blocking; the EU … Continue reading

Posted in Broadband, Court decision, EU, Singapore, UK | Tagged , , | Leave a comment

Ofcom consults on exercising discretion to not order repayment in LLU dispute

Last week Ofcom started a consultation in relation to LLU charges in which is intending to not exercise its discretion to order repayment of overcharges. The circumstances in which repayment is ordered is currently a very live issue with BT, the regulator Ofcom and … Continue reading

Posted in Broadband, Court decision, EU, Fixed, Mobile, Regulatory action, Telecoms, UK | Tagged , , , , , | Leave a comment

Lenders over-exposed to real estate move into TMT

I was lucky enough to chair Olswang’s semi-annual CPD catch-up day for in-house lawyers today. It was a very interesting set of talks (for those who are interested I commented using twitter, see: #olswangcpd), which covered a wide range of topics: Session Speaker … Continue reading

Posted in Commercial activity, Court decision, EU, Payment, Regulatory action, Technology, UK | Tagged , , , , , , | Leave a comment

Ofcom has wide jurisdiction and discretion to accept and resolve disputes

The CAT today rejected BT’s arguments that Ofcom has a narrow jurisdiction to accept and resolve disputes referred to it by Communications Providers pursuant to Section 185 of the Communications Act 2003. The CAT joined two cases (one relating to ‘ladder … Continue reading

Posted in Court decision, EU, Fixed, Mobile, Telecoms, UK | Tagged , , , , , , , | 1 Comment

Mobile operators obliged to retain location information across Europe

There has been some coverage recently of the case of Mr Spitz. Malte Spitz is a German green party politician and privacy advocate. He went to court to obtain details of the location information stored by his mobile phone provider … Continue reading

Posted in Commercial activity, Court decision, Germany, Government policy, Mobile, Regulatory action, Telecoms | Tagged , , , , | 5 Comments