3 suffered a setback in the mobile number porting (MNP) dispute on 18 January when a High Court judge turned down the network’s request to view its rivals' documents and emails.
3 hoped that access to documents produced by O2, Vodafone, T-Mobile and Orange would help it to prove that the four networks colluded to slow down the process of customers keeping their number when they swap networks.
O2, Vodafone, T-Mobile and Orange maintain that their common position on MNP was not the result of collusion but of distinct commercial interests.
Mr Justice David Steel, in turning down the pre-action disclosure, concluded that the request lacked ‘specificity’ and that the scale of the disclosure was ‘beyond any probable scope of standard disclosure’.
A spokeswoman for Vodafone said: ‘Vodafone completely rejects the allegations 3 has made against it (and the other networks) concerning their behaviour in relation to MNP. 3 has produced no evidence at all of collusion.’
Despite the dismissal of the application, 3 is expected to press on with the case.