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High Court quashes TRC’s sanctions against Digicel

-Court's decision came following a Judicial Review of the TRC's sanctioning of Digicel for anti-competitive behaviour
“As CEO of Digicel BVI I am very happy with the outcome of the case,” said Digicel BVI CEO Mr Declan Cassidy. Photo: VINO/File
ROAD TOWN, Tortola, VI – The High Court of Justice of the Virgin Islands today May 6, 2014 quashed sanctions that the Telecommunications Regulatory Commission (TRC) had imposed on Digicel BVI after the TRC had ruled that the company had engaged in anti-competitive behaviour.

The quashing of the decision came following a Judicial Review in the High Court through whom Digicel BVI sought redress after being hit with the sanctions.

Following complaints by CCT in 2012, the TRC began an investigation which subsequently found Digicel and another provider guilty of anti-competitive behaviour. The TRC had said then that the retail prices that Digicel charged its counterparts in the Caribbean prevented CCT from competing effectively in the VI market.

"If allowed to continue, (it) would cause CCT to find it harder to compete in the future. As the level of competition reduces, prices could ultimately increase for consumers, leading to long-term harm to the welfare of consumers in the BVI,” said the TRC in a press statement in 2012.

The TRC then ordered Digicel to cease the “anti-competitive behaviour” and that it paid a fine. Digicel then had rejected any wrongdoing on its part.

"It is Digicel's firm view that the TRC's actions in this regard did not comply with natural justice or fair process given that a number of question marks remain over how the TRC has conducted its investigation process without allowing Digicel proper procedural protections," Digicel said in a press release in 2012 in response to TRC’s decision.

Contacted this afternoon for a comment on the outcome of the Judicial Review, Digicel BVI CEO Mr Declan Cassidy said that he was happy with the outcome.

“Basically in terms of the decision from today, that ruling from June 2012 was quashed and Digicel successfully won the Judicial Review,” said Cassidy.

“As CEO of Digicel BVI I am very happy with the outcome of the case. We continue to work with the TRC and continue to deliver to customers in the BVI the best products and service in a fair way,” said Cassidy. “We are very happy to have had the decision overturned,” he said.

22 Responses to “High Court quashes TRC’s sanctions against Digicel”

  • foxy (06/05/2014, 19:33) Like (14) Dislike (0) Reply
    Government can never win anything
    • qc (06/05/2014, 23:51) Like (0) Dislike (0) Reply
    • high hope (07/05/2014, 07:08) Like (0) Dislike (1) Reply
      That is why they have privy counsel
    • The TRUTH (07/05/2014, 09:31) Like (12) Dislike (0) Reply
      I disagree. Government can win and should win when it sues people and companies in the best interest of the people of the BVI. They always will lose when they sue companies on behalf of private corporate interests. CCT cannot compete on price against LIME and Digicel because they are too small and have no global reach. Telecom is a cut throat business with low margins. CCT's days are numbered. Pride will be their downfall.
  • open wide (06/05/2014, 19:38) Like (3) Dislike (0) Reply
    Poor cct they will wither on the wine!!!
    • Yes (06/05/2014, 21:20) Like (11) Dislike (0) Reply
      wither on the wine, lol lol real tortola accent. CCT is its own worse enemy. it sit and linger too much and dont understand customer appreciation. They always think they in business for themselves and not the customer. They cut off everybody phones and then try to gave them some little cheap phone that gave so much problems. Its so so sad. The leadership need correct themselves or gave the job to someone else who know about business. Digicel should sue for damages.
  • ABC (06/05/2014, 21:00) Like (11) Dislike (4) Reply
    Trc must go!
    • trc (07/05/2014, 09:48) Like (1) Dislike (0) Reply
      The TRC is the legal arm of CCT. The only guy there that is trying to do his job is Guy Malone.
    • Oh La La (07/05/2014, 09:56) Like (2) Dislike (0) Reply
      This is not about the TRC. Mostly the TRC are good people looking out for the best interests of the people of the BVI . The directors are a different story. The Directors of the TRC which are all friends of CCT. Remove the cronies
    • nbc (07/05/2014, 09:56) Like (5) Dislike (0) Reply
      You mean the Chairman must go. This is what happens when we allow ourselves to be sucked into a corner. Another $300,000 dollars.
  • Locally made (06/05/2014, 21:21) Like (6) Dislike (0) Reply
    In the first place, TRC had nothing on Digicel. They are just their to comply with whatever order is given to them at the cost of we the customers and at the satisfaction of CCT. That department is a total waste and everyone knows that.
  • Xxxx (06/05/2014, 21:40) Like (3) Dislike (3) Reply
    amazing what can be bought in the bvi.
    • BVI Watcher (07/05/2014, 06:45) Like (17) Dislike (1) Reply
      This is an idiotic comment. This Judge deserves considerable credit for having the independence and bravery to rule against a statutory body / Government in the BVI. A properly functioning judiciary is a central element of any successful democracy. This decision is a strong vote of confidence in the BVI as a place to do business. I think most people on the BVI would have assumed that the Judiciary would simply rubberstamp the CCT agenda. Well done to the Judge here.
  • Angella (06/05/2014, 23:02) Like (3) Dislike (1) Reply
    We welcome this hope cheaper calls to Jamaica.
  • wize up (07/05/2014, 07:01) Like (0) Dislike (27) Reply
    digicel is headed by whites and in modern day BVI white rule because they can make money deals with our leaders!!!! the government need to get better leagal advice because they just can not win any cases..just saying
    • Wise up you (07/05/2014, 13:28) Like (6) Dislike (1) Reply
      Way to go with the racist comment. Brings great credit on yourself and on the BVI. Work on the spelling and less of the racism
  • Q & A (07/05/2014, 09:15) Like (2) Dislike (0) Reply
    Exactly what type of "anti-competitive behaviour" did Digi engage in that would cause the company to be taken to court? Are their charge rates so much lower than CCT that the latter finds it hard to match or even beat the prices? CCT been around long before Digi existed in the BVI but yet they still can't seem to get their s**t together. I would just like to know what Digi did.
  • Longbush finest (07/05/2014, 09:18) Like (1) Dislike (1) Reply
    They need to get rid o General. He only wasting time and money dey. Bring somebody who can stand up to dem greedy people dem and who at least have a clue what to do
  • vincy (07/05/2014, 10:33) Like (2) Dislike (0) Reply
    can we get back the Caribbean plan now plzzzz DIGICEL
  • vi (07/05/2014, 11:00) Like (3) Dislike (8) Reply
    We with cct the real 4 g
  • l (07/05/2014, 12:45) Like (5) Dislike (0) Reply
    A victory for DIGICEL is a victory for the consumer. Give thanks.
  • BVI Watcher (07/05/2014, 13:30) Like (2) Dislike (0) Reply

    C.. the real 4G? Is that the LTE network that C.. rolled out without any authorisations. Watch this space. This will be fun. the chickens are all coming home to roost. It's about time this gangster carry on got challenged in the BVI. Well done to Digicel for standing up against this nonsense. I want my Caribbean plan back please!!!!!!!

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