Several companies put in bids for communications licences. The auction terms required some companies to disassociate themselves from each other. The successful companies who met this requirement were required to begin payments immediately, but others were allowed to commence payments on compliance with the preconditions. The claimant sought judicial review of the decisions, as providing state aid. It was held that such fortuitous consequences of a contract could not be described as state aid, and indeed as an auction or trade sale by competitive tender, it was outside the rules against state aid.
Lord Phillips MR, Lord Justice Henry
England and Wales
Contract, European, Commercial
Updated: 29 June 2022; Ref: scu.166641