On 7 December 2018, the Competition Appeal Tribunal (CAT) issued a judgment dismissing Viasat’s challenge to Ofcom’s January 2018 authorisation of Inmarsat’s UK complementary ground components (CGCs) which form part of the European Aviation Network (EAN). This will pave the way for Inmarsat to launch of its new in-flight satellite broadband services on board aircraft within the UK-EU airspace.
Inmarsat was one of two successful bidders in the EU-wide tender for exclusive rights to use the 2GHz “S-Band” for mobile satellite services. It launched its satellite in July 2017 and requires national authorisations from the 28 Member State regulatory authorities to operate its satellite and CGCs. ViaSat is a direct competitor which provides in flight connectivity services in the US and elsewhere via other spectrum frequencies. It challenged Ofcom’s CGC authorisation on the basis that Inmarsat’s use of CGCs and its EAN terminals affixed to the aircraft fell outside the permitted scope of the relevant EU regulatory framework. It also argued that Inmarsat had changed its bid and had not complied with the relevant conditions and milestones under the EU regime which meant that it was not entitled to be authorised at national level.
The Tribunal found in favour of Ofcom and Inmarsat and dismissed Viasat’s case. The CGC authorisation granted by Ofcom to Inmarsat for the system remains in full force and effect.
Viasat has responded that it will take all necessary steps to appeal this decision. It has also commenced similar proceedings before the EU Courts and in other Member States.
All parties concerned are represented by telecoms specialists at Monckton Chambers: Michael Bowsher QC, Fiona Banks and Khatija Hafesji(instructed by Latham & Watkins) appeared on behalf of the Appellants. Josh Holmes QC and Julianne Kerr Morrison (instructed by Ofcom Legal) appeared on behalf of the Respondent. Tim Ward QC and Anneli Howard (instructed by Jones Day) appeared on behalf of Inmarsat.
Read full judgment here.