GCRA confirms fines for JT and Sure related to competition law infringement

22 Jul 2022

Following the completion of an investigation by the Guernsey Competition and Regulatory Authority (GCRA) in December 2021 in which it determined Sure Guernsey and JT Guernsey had agreed to control the provision of mobile network in the Bailiwick – including the future introduction of 5G – the watchdog has now confirmed fines for both operators. Issuing an update on the matter via press release, the GCRA announced that Sure has been fined GBP2.96 million (USD3.5 million) for its part in the matter, while it has imposed a financial penalty of GBP439,608 on JT.

Outlining the methodology for calculating the fines, as well as offering up its reasoning behind its decision, the GCRA notably stated that it found Sure ‘took active and intentional steps to prevent certain key evidence from coming to the attention of the Authority’. As a result of such behaviour, the GCRA noted it had imposed an increase of 65% to the basic penalty to be levied ‘in respect of this conduct’.

On the flipside, in terms of mitigating factors the GCRA said it had considered that steps taken by ‘constitute efforts to prevent a recurrence of the infringing conduct’ and as such it said it had applied a reduction of 10% to that operator’s fine. Sure too benefited from a 5% reduction in its fine thanks to changes it had subsequently made, though the regulator noted the reduction was less than its rivals as it considered Sure’s measures ‘less comprehensive and wide-ranging’, while adding that they had not been adopted as quickly.