Latest update February 8th, 2025 5:56 AM
Apr 16, 2010 News
The High Court of London has ruled in favour of Cable and Wireless Communications PLC (C&W) in a case filed by wireless giant, Digicel, but the company said it will be asking Trinidad authorities to investigate whether punitive action could be taken.
In a statement yesterday published by Marketwire, Digicel said it is “extremely disappointed” with the court’s decision with respect to C&W’s alleged engagement in illegal behaviour designed to frustrate and delay “Digicel’s entry into various markets in the Caribbean.” Following this decision, Digicel said it is currently considering its legal options.
The case was taken by Digicel in 2007 to challenge the actions of C&W in obstructing Digicel’s efforts to roll out mobile phone networks in St. Lucia, St. Vincent & the Grenadines, Grenada, Barbados, the Cayman Islands, Trinidad & Tobago and the Turks & Caicos Islands between 2002 and 2006.
Justice Morgan, in his rulings, described senior executives of TSTT (which is a telecoms firm in Trinidad & Tobago part owned by Cable & Wireless Communications PLC) and its contractor, Nortel, as “acting “contrary to honest practices” and thereby breaking the law in Trinidad with two defined breaches of the Protection Against Unfair Competition Act 1996″ and “deliberately giving false or misleading evidence at the trial.”
Separately, in the Turks & Caicos Islands, Cable & Wireless West Indies was found to have been in breach of the contract it had with Digicel.
Whilst Justice Morgan has ruled against Digicel on various points of law related to this court action, the wireless company felt that the outcome should be attributed to the weak regulatory frameworks in place in these Caribbean jurisdictions. Indeed, the Judge himself described the legislation as being “poorly drafted.”
“As a champion of competition for the good of consumers, Digicel believes that Cable & Wireless Communications PLC should be brought to book. As such, Digicel will be asking the Telecommunications Authority of Trinidad & Tobago (TATT) to conduct a full inquiry into this matter to determine whether punitive action should be taken against TSTT in Trinidad — particularly taking into account the Judge’s finding that TSTT and Nortel conspired to produce false and misleading documents that were provided to TATT.”
Digicel expressed confidence that the outcome of this court action would have no impact on its operations or customer base across the globe.
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