Smart v ComReg (2006): Lessons Learnt from Successfully Defending Private and Public Law Proceedings

Mark Hughes, Legal Advisor, Commission for Communications Regulation

The purpose of this article is to identify lessons learnt from successfully defending the private and public law proceedings initiated by Smart Mobile Limited in respect of the decision of ComReg to withdraw its offer of the fourth 3G mobile telecommunications licence from Smart: Smart v ComReg (2006).

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Ireland Competition Government June 2007 Vol. 1, No. 1, Autumn 2007

Mark Hughes

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Mark Hughes is a qualified solicitor working in the Commission for Communications Regulation (”ComReg”). With a background in corporate finance and commercial law, Mark is an expert in: (i) regulatory law and practice; and (ii) litigation. Mark has advised in respect of: (i) the award of the fourth and final Irish 3G mobile telecommunications licence; (ii) the drafting of Part 3 (Aviation Regulation) of the State Airports Act, 2004 (providing for the re-structuring of Aer Rianta); and (iii) the €3.7 billion acquisition of Eircell Limited by Vodafone Group plc. In addition, Mark recently successfully defended private and public law proceedings in respect of the award of the fourth and final Irish 3G mobile telecommunications licence. This involved: (i) the management of an external legal team of six lawyers; and (ii) being a witness as to fact.

Commission for Communications Regulation

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ComReg is the Irish State body responsible for regulating the electronic communications sector, the postal sector and in part, the broadcasting sector. ComReg is not responsible for the regulation of content in the broadcasting sector. In respect of the

Ireland Competition Government June 2007 Vol. 1, No. 1, Autumn 2007