Smart Telecom court application struck out

The High Court has struck out an application by Smart Telecom for an injunction directing Eircom to remove alleged restrictions…

The High Court has struck out an application by Smart Telecom for an injunction directing Eircom to remove alleged restrictions on its broadband service.

Following several hours of consultations today, Michael Collins SC, for Smart, told Ms Justice Mary Finlay Geoghegan that agreement had been reached between the parties in relation to the injunction application on certain terms.

He handed in those terms to the judge but they were not read out in court.

Ms Justice Finlay Geoghegan made an order striking out the motion for the interlocutory injunction on the terms agreed and gave liberty to either party to apply to enforce the terms of the agreement.

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The application for the injunction had been sought pending the outcome of the full hearing of proceedings brought under the Competition Act 2002 in which Smart alleges Eircom is abusing its dominant position in the broadband market.

Smart Telecom had claimed restrictions imposed by Eircom on its broadband service were costing the company some €47 million a year.

Smart claimed Eircom was effectively blocking its customers from switching to Smart. The company argues that when customers to its broadband service, Eircom should switch the customer's line and number to Smart network immediately.

Smart claims Eircom told it the process could take several weeks, effectively leaving customers with no phone lines.