The Bermuda telecoms industry, which is undergoing consolidation, is locked in litigation pending the passing of regulatory reform. This ruling was the latest in a running dispute between Digicel, its competitors and the Government as to the legality of service bundling and the proper forum for deciding such issues.
The Parties had been heading to trial on whether the service bundling was legal when, last year, the Supreme Court stayed the proceedings to allow the telecoms regulator to determine the issue. The latest twist was a (failed) attempt to reverse this decision on the grounds that the regulator was biased.
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Telecommunications (Bermuda & West Indies) Ltd (Trading As Digicel) and Another -v- Bermuda Digital Communications Limited (Cellone) and Others, 2011 Civil Jurisdiction No. 387 [Original Location: Sc Vol. 76 P 201] (28 February 2012)