Judge throws out EE's £25M 5G contract suit against Virgin Media
A High Court judge has dismissed a 2022 £24.6 million breach of contract lawsuit in which EE sued Virgin Media when it struck a deal with Vodafone to provide 5G services – something EE claimed was in breach of the pair's MVNO network access agreement.
The original claim was filed in the Technology and Construction Court in August 2022, when mobile network provider EE filed suit against rival Virgin Media . From 2013 until 2021, Virgin Mobile ran on EE's network . In 2019, VM announced it was ending the deal and shifting off to Vodafone, which would provide customers with 5G services. EE claimed this was a"reckless and/or wilful" breach of contract on VM's part.and, according to the judgment, VM then issued a"request for proposals to all four UK MNOs, including EE.
In its 2022 claim, EE sought £24.6 million in damages that it alleged it lost in charges which it claimed Virgin Mobile would have been obliged to pay under the contract for any breach. It argued that Virgin Mobile breached the pair's networking agreement when it also"wrongfully" transferred customers who didn't have 5G-capable phones, or who were on contracts that did not permit 5G connectivity, from EE's network to Vodafone networks.
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