The Competition Appeal Tribunal has granted a Collective Proceedings Order (CPO) on an opt-out basis in Spottiswoode v Airwave Solutions Limited & Ors [2025] CAT 60, certifying claims valued at £600-650 million on behalf of all purchasers of Airwave Services. This is the first such claim that has attracted public rather than commercial funding. It is brought on behalf of purchasers of emergency communications services, including not only the “Blue Lights” providers but also smaller rescue organisations and charities and commercial purchasers of such services.
The case concerns allegations that Motorola abused its dominant position by charging excessive and unfair prices for access to the emergency radio communication network used by police, fire, ambulance and other emergency services across Great Britain from January 2020 to July 2023. The Tribunal approved the proposed class definition covering all direct and indirect purchasers of Airwave Services, rejecting Motorola’s arguments for a narrower class limited to direct purchasers only. The Tribunal found that the class definition was “clear and objective” and would ensure access to justice for all affected parties, including smaller public sector bodies and charities.
On the opt-in/opt-out question, the Tribunal concluded that opt-out proceedings were appropriate, finding “a significant impediment to access to justice to many class members if the proposed claims were to proceed on an opt-in basis.” The Tribunal noted that many proposed class members are public or charitable sector entities whose claims would not be of sufficient scale to justify the time and resources required to opt-in the collective claim. The Tribunal also dismissed Motorola’s application to strike out claims for the first nine months of the claim period.
Clare Spottiswoode CBE was approved to act as the Class Representative, supported by an experienced advisory panel including Sir Gerald Barling (former President of the Tribunal) and senior figures from emergency services and government. The Tribunal also approved the funding arrangements for the litigation out of central funds, with appropriate safeguards to ensure independence and proper representation of all class members’ interests.
Rhodri Thompson KC and Professor Suzanne Rab were instructed by Ashurst LLP and White & Case LLP, in conjunction with Anneli Howard KC of Monckton Chambers.
The Tribunal’s Judgment can be found here.