INVESTIGACION

            

 LINKACTION

The Case: COCOO’s Collective Claim Against the Three/Vodafone Merger

This case concerns a collective action lawsuit initiated by COCOO against the proposed merger of Three (Hutchison 3G UK Limited) and Vodafone in the United Kingdom. COCOO’s primary objective is to represent the interests of consumers and businesses who are likely to be negatively affected by the merger.

Key Allegations and Concerns:

  • Reduced Competition: The merger would reduce the number of major mobile network operators in the UK from four to three, leading to a significant decrease in market competition.
  • Price Increases: A less competitive market is likely to result in higher prices for mobile phone contracts and services for both individual consumers and businesses.
  • Lower Quality of Service: With fewer competitors, the merged entity and the remaining operators may have less incentive to invest in network improvements and innovation, potentially leading to a decline in service quality.
  • Harm to Businesses: Businesses, including Mobile Virtual Network Operators (MVNOs) and Small and Medium-sized Enterprises (SMEs), that rely on wholesale access to mobile networks could face higher costs and less favorable terms.

COCOO’s Strategy:

  • Media and Recruitment Campaign: COCOO is actively running a media campaign across various digital platforms (including Meta, LinkedIn, and X) to raise awareness of the potential negative impacts of the merger and to recruit claimants for the collective action. The campaign is tailored to different audiences, with specific messaging for individual consumers and commercial entities.
  • Funding: The legal action is being funded through a combination of crowdfunding, donations, and grant applications. COCOO is utilizing platforms like CrowdJustice for crowdfunding and is also exploring funding from organizations like the Loan Funded Consultancy Contracts (LFCC) and the GI-ACE research program. Additionally, COCOO is seeking potential rewards from the Competition and Markets Authority (CMA) for providing information on anti-competitive practices.
  • Legal and Evidentiary Basis: The core of COCOO’s case will be built on evidence demonstrating the likely anti-competitive effects of the merger. This will involve gathering data on market concentration, pricing, and service quality, as well as drawing on legal precedents from similar cases.

Search and Evidence Strategy

The following is a detailed plan for gathering evidence and supporting information for the COCOO case, utilizing a series of specialized search platforms. Each platform will be approached with a customized search strategy to unearth relevant data, precedents, and contacts.

Searchlink 1: publicsector.co.uk

  • Platform: A directory of contacts within the UK public sector.
  • Search Strategy:
    • Objective: To identify and target key individuals within the UK’s regulatory bodies who are responsible for overseeing the Three/Vodafone merger.
    • Target Organizations: Competition and Markets Authority (CMA), Department for Science, Innovation and Technology (DSIT).
    • Keywords and Job Titles: “Competition and Markets Authority”, “CMA”, “telecoms”, “mergers”, “competition law”, “DSIT”, “Head of Competition Policy”, “Director of Mergers”, “Telecoms Regulation Officer”.
  • Expected Report: A curated list of relevant public officials, their roles, and their contact information. This will enable COCOO to direct its advocacy and information-gathering efforts to the most influential people in the regulatory process.

Searchlink 2: gov.uk (Advanced Search)

  • Platform: The official repository for UK government documents, including policy papers, research, and reports.
  • Search Strategy:
    • Objective: To find all official government publications related to the Three/Vodafone merger and the broader topic of competition in the UK telecommunications market.
    • Advanced Search Queries:
      • all of these words: “Three Vodafone merger”, “telecoms competition”
      • this exact word or phrase: “Competition and Markets Authority investigation Three Vodafone”
      • any of these words: “CMA”, “Ofcom”
    • Filters:
      • Last updated: Last 12 months.
      • Document type: “Policy papers”, “Guidance”, “Research and analysis”, “Corporate reports”, “Transparency data”.
      • Topic: “Competition”, “Business and industry”.
      • Government department: “Competition and Markets Authority”, “Department for Science, Innovation and Technology”.
  • Expected Report: A comprehensive collection of official documents, including the CMA’s reports on the merger, government policy statements on competition in the telecoms sector, and any relevant research or analysis. This will form the backbone of the evidentiary case against the merger.

Searchlink 3 & 4: e-justice.europa.eu (European Business Registry)

  • Platform: The European e-Justice Portal, which provides access to the interconnected business registers of all EU member states.
  • Search Strategy:
    • Objective: To conduct a thorough corporate due diligence on Three (Hutchison 3G UK Limited) and Vodafone, as well as their parent companies and related entities across Europe.
    • Keywords: “Hutchison 3G UK Limited”, “Vodafone Plc”.
    • Process: Utilize the Business Register Interconnection System (BRIS) to search for these companies in the UK and other EU jurisdictions. Retrieve company profiles, financial statements, director information, and any other relevant corporate filings.
  • Expected Report: A detailed corporate structure map for both Three and Vodafone, including their ownership, director networks, and financial health. This intelligence will be used to identify potential vulnerabilities, understand the full scope of the merging entities, and uncover any cross-border implications that may be relevant to the case.

Searchlink 5: European Commission Competition Case Search

  • Platform: The official database of the European Commission’s competition cases.
  • Search Strategy:
    • Objective: To identify and analyze precedents from past telecommunications merger cases that have been decided at the EU level.
    • Search Criteria:
      • Case Instrument: “M” (Mergers).
      • Member State: “UK” (for historical cases) and other major EU economies.
      • Economic Sector (NACE Code): The relevant code for telecommunications.
      • Keywords: “telecommunications”, “mobile operators”, “merger”, “Vodafone”, “Hutchison”.
  • Expected Report: A list of relevant EU merger cases, with a detailed analysis of their outcomes, the remedies that were imposed, and the legal reasoning of the European Commission. This will provide valuable insights into how a competition authority is likely to view the Three/Vodafone merger and will help in shaping the legal arguments for the COCOO case.

Searchlink 6: db.comp.eu

  • Platform: An independent aggregator of public data on EU merger cases.
  • Search Strategy:
    • Objective: To gain a rapid and data-driven understanding of the European Commission’s approach to telecommunications mergers.
    • Keywords: “telecoms merger”, “Vodafone”, “Hutchison”, “mobile network operator”.
  • Expected Report: A report summarizing the trends in EU telecom merger cases, including the success rates of different types of legal arguments and remedies. It will also analyze how “public interest” arguments have been used in past cases. This data will provide a strategic overlay to the legal planning for the COCOO case, allowing for a more informed and effective advocacy strategy.

Here is the continued search and evidence strategy for the COCOO case, based on the new list of searchlinks.

Search and Evidence Strategy (Continued)

Searchlink 7: db.comp.eu

  • Platform: An independent aggregator of public data on EU merger cases.
  • Note: This is a repeat from the previous list. The strategy remains the same: to use this platform for a rapid, data-driven analysis of past EU telecommunications merger cases to inform the legal and advocacy strategy for the COCOO case.

Searchlink 8: policy.trade.ec.europa.eu (EU Trade Policy)

  • Platform: The European Commission’s portal for information on EU trade policy, including trade agreements with other countries.
  • Search Strategy:
    • Objective: To find information within EU trade agreements that could be relevant to the Three/Vodafone merger. This could include provisions on competition policy, state-owned enterprises, and dispute settlement in the telecommunications sector.
    • Process:
      1. Navigate to the sections of the website dealing with trade agreements with relevant countries (e.g., countries where the parent companies of Three and Vodafone are based).
      2. Download the legal texts of these agreements.
      3. Perform a forensic keyword search within the PDF documents for terms such as "competition policy", "telecommunications", "merger", "state-owned enterprise", "subsidy", and "dispute settlement".
  • Expected Report: A report highlighting any clauses in EU trade agreements that could be used to challenge the merger or to argue for specific remedies. This could provide an additional, international dimension to the legal arguments against the merger.

Searchlink 9: EU’s International Trade in Services (by nation)

  • Platform: A repository of data on international trade in services between the EU and other nations.
  • Search Strategy:
    • Objective: To analyze the trade in telecommunications services between the UK/EU and the home countries of Three and Vodafone’s parent companies. This can help to understand the economic context of the merger and to identify any potential trade-related impacts.
    • Process:
      1. Access the data for the relevant countries.
      2. Download the statistical data and any accompanying reports.
      3. Look for data on foreign direct investment (FDI) in the telecommunications sector, as well as data on the import and export of telecom services.
  • Expected Report: A statistical overview of the trade in telecommunications services that could be affected by the merger. This can be used to build economic arguments about the potential negative consequences of the merger on the UK and EU economies.

Searchlink 10: policy.trade.ec.europa.eu (EU Trade Enforcement and Protection)

  • Platform: The EU’s portal for trade enforcement and protection, which allows businesses to report trade barriers and unfair trade practices.
  • Search Strategy:
    • Objective: To explore whether the Three/Vodafone merger could be framed as a trade barrier or an unfair trade practice that harms EU businesses. This is a more creative legal argument that could be explored.
    • Process:
      1. Review the rules and procedures of the trade enforcement portal.
      2. Assess whether the merger meets the criteria for a complaint. This would likely involve arguing that the merged entity could engage in practices that disadvantage other EU-based telecommunications companies or businesses that rely on their services.
  • Expected Report: A memo outlining the feasibility of using the EU’s trade enforcement mechanisms to challenge the merger. This would be a supplementary legal strategy to the main competition law arguments.

Searchlink 11 & 12: Investegate (and Advanced Search)

  • Platform: A service that provides access to UK company announcements, including Regulatory News Service (RNS) announcements.
  • Search Strategy:
    • Objective: To monitor all official announcements from Three, Vodafone, and their parent companies related to the merger.
    • Process:
      1. Set up alerts for “Vodafone” and “Hutchison”.
      2. Use the advanced search to find all historical announcements related to the merger, using keywords like “merger”, “acquisition”, “CMA”, “competition”.
  • Expected Report: A real-time feed and a historical archive of all official company statements about the merger. This will be a primary source of information for understanding the companies’ official position and for tracking the progress of the deal.

Searchlink 13, 14 & 15: OpenCorporates

  • Platform: A large open database of company information, with data on millions of companies worldwide.
  • Search Strategy:
    • Objective: To conduct an in-depth investigation of the corporate structures of Three and Vodafone, including their subsidiaries, parent companies, and beneficial owners.
    • Process:
      1. Search for “Hutchison 3G UK Limited” and “Vodafone Plc”.
      2. Map out their corporate trees, identifying all related companies.
      3. Use the “registers” feature to find the ultimate source of the data.
  • Expected Report: A detailed and comprehensive map of the corporate networks of both companies. This will be a significant upgrade to the information gathered from the official business registers, as OpenCorporates often has more extensive and interconnected data. This is crucial for understanding the full scope of the merged entity.

Searchlink 16 & 17: OpenSanctions

  • Platform: A global database of sanctions lists and data on persons and companies of interest.
  • Search Strategy:
    • Objective: To check if Three, Vodafone, their parent companies, or any of their key directors are on any international sanctions lists.
    • Process:
      1. Use the advanced search to search for the company names and the names of their directors.
      2. Filter by relevant jurisdictions (e.g., UK, EU, US).
  • Expected Report: A report confirming whether or not the companies or their key personnel are subject to any sanctions. While unlikely for these specific companies, this is a standard and necessary due diligence step in any major corporate investigation.

Searchlink 18: https://www.google.com/search?q=StealthConsolidation.com

  • Platform: A resource for understanding and identifying “stealth consolidation” – a gradual increase in market concentration that may fly under the radar of competition authorities.
  • Search Strategy:
    • Objective: To analyze whether the Three/Vodafone merger is part of a broader trend of stealth consolidation in the UK telecommunications market.
    • Process:
      1. Review the articles and case studies on the website.
      2. Apply the concepts of stealth consolidation to the UK telecoms market, looking at past smaller mergers and acquisitions.
  • Expected Report: An analysis of the Three/Vodafone merger in the context of long-term market concentration trends. This will provide a powerful narrative for the COCOO case, arguing that this merger is not an isolated event but the culmination of a long-term process that is harming consumers.

Searchlink 19: nac-sic-gpt

  • Platform: A tool that likely uses AI (GPT) to help classify companies according to their NACE (Nomenclature of Economic Activities) and SIC (Standard Industrial Classification) codes.
  • Search Strategy:
    • Objective: To ensure that all legal and economic analysis of the merger is based on the correct industry classifications for the companies involved.
    • Process:
      1. Use the tool to get the precise NACE and SIC codes for Three, Vodafone, and their various subsidiaries.
  • Expected Report: A definitive list of the industry codes for the companies involved. This is a foundational piece of information that will be used in all subsequent economic analysis and in searching other databases that use these codes.

Searchlink 20 & 21: Global Trade Alert

  • Platform: A service that provides real-time information on state measures that affect international trade.
  • Search Strategy:
    • Objective: To identify any UK government measures or policies that could be seen as favoring the Three/Vodafone merger.
    • Process:
      1. Use the data center to search for any UK government interventions in the telecommunications sector.
      2. Look for any subsidies, regulatory changes, or other measures that could be relevant to the merger.
  • Expected Report: A report on any UK government actions that could be interpreted as supporting the merger. This could be used to build an argument that the government is not acting as an impartial referee in this case.

Search and Evidence Strategy (Continued)

Searchlink 22 & 23: Direct File Links

  • Platform: Internal COCOO documents.
  • File 1 Title: Excel file
  • File 2 Title: NIPO_20__Methodology.pdf
  • Summary: Access to the content of these internal files is restricted. Based on their titles, they likely contain a spreadsheet with data and a document detailing a specific methodology, respectively.
  • Strategy: In a real-world scenario, these documents would be analyzed for their relevance to the Three/Vodafone merger case. The Excel file could contain financial models, lists of contacts, or other data, while the methodology document might outline a process for evidence gathering or analysis.
  • Expected Report: A summary of the contents of these files and an assessment of how they can be used to support the COCOO case.

Searchlink 24 & 25: Mayer Brown

  • Platform: The website and publications of the global law firm Mayer Brown.
  • Search Strategy:
    • Objective: To gain strategic intelligence on how a major law firm that might represent one of the parties (or a similar company in a future case) would approach the legal and regulatory aspects of the Three/Vodafone merger. This is an exercise in “red teaming” or understanding the opposition’s likely arguments.
    • Process:
      1. Review Mayer Brown’s publications, client alerts, and white papers in their “Technology, Media & Telecommunications,” “Antitrust & Competition,” and “Regulation & Investigations” practice areas.
      2. Search for articles and analysis related to a) telecommunications mergers, b) UK and EU competition law, and c) the role of the CMA.
      3. Identify the key legal arguments, precedents, and economic theories that the firm emphasizes in its analysis.
  • Expected Report: A report on the likely legal and regulatory strategies that the proponents of the merger will use. This will allow COCOO to anticipate the opposition’s arguments and to prepare counter-arguments and a more robust legal strategy.

Searchlink 26 & 44, 45, 46: Companies House (UK Company Register)

  • Platform: The official registrar of companies in the United Kingdom.
  • Search Strategy:
    • Objective: To conduct a deep-dive investigation into the corporate structure, financial health, and ownership of Three (Hutchison 3G UK Limited), Vodafone Plc, and any related UK-registered entities.
    • Process:
      1. Use the advanced search function to find the company profiles for Three and Vodafone.
      2. Download and analyze their annual reports, financial statements, and lists of officers.
      3. Use the SIC code search to identify all companies operating in the UK telecommunications sector to map out the entire competitive landscape.
  • Expected Report: A comprehensive corporate and financial profile of the merging parties and a detailed map of the UK telecommunications market. This will be a primary source of evidence for the case.

Searchlink 27: RNS, OC, OS (London Stock Exchange)

  • Platform: The London Stock Exchange’s public data services, particularly the Regulatory News Service (RNS).
  • Search Strategy:
    • Objective: To continuously monitor the official announcements of Vodafone (a publicly listed company) for any new information about the merger. The “OC-OS” likely refers to an internal COCOO intelligence pipeline (perhaps “OpenCorporates-OpenSanctions”) that is triggered by significant RNS announcements.
    • Process:
      1. Set up real-time alerts for all RNS announcements from Vodafone Plc.
      2. Analyze these announcements for any information about the merger’s progress, regulatory approvals, or any changes in the terms of the deal.
      3. If a significant announcement is made, trigger a follow-up investigation using OpenCorporates and OpenSanctions to see if there are any related changes in corporate structures or sanctions lists.
  • Expected Report: A continuous stream of real-time intelligence on the merger, allowing COCOO to react quickly to any new developments.

Searchlink 28 & Spanish Searchlinks (Sede Registradores)

  • Platform: The Spanish company and property registry.
  • Search Strategy:
    • Objective: To investigate any Spanish-registered entities that are part of the Vodafone or Hutchison corporate groups.
    • Process:
      1. Search the registry for any companies with names related to Vodafone or Hutchison.
      2. Retrieve company excerpts and analyze their ownership and activities.
  • Expected Report: A report on the Spanish holdings of the merging companies. This may be of limited direct relevance to a UK-focused case, but it is a necessary part of a comprehensive corporate investigation.

Searchlink 29, 30, 31: SEC EDGAR (US Securities and Exchange Commission)

  • Platform: The public database of filings for US-listed companies.
  • Search Strategy:
    • Objective: To find any filings from Vodafone (which has a US listing) or any parent companies that are listed in the US, which relate to the merger.
    • Process:
      1. Search the EDGAR database for all filings from Vodafone.
      2. Look for any annual reports (10-K), quarterly reports (10-Q), or special event reports (8-K) that mention the UK merger.
  • Expected Report: A summary of any disclosures made to the US market about the merger. This can sometimes contain information that is not as prominently featured in UK announcements.

Searchlink 32 & 33: GlobalSpec

  • Platform: An engineering and industrial products search engine.
  • Search Strategy:
    • Objective: To understand the technical and engineering aspects of the telecommunications networks of Three and Vodafone. This could be relevant for arguments about network quality and investment.
    • Process:
      1. Search for technical specifications and white papers related to the equipment and technologies used by the two companies.
  • Expected Report: A technical overview of the two companies’ networks. This could be used to support arguments that the merger might lead to a “technology monoculture” or a reduction in innovation.

Search and Evidence Strategy (Continued)

Searchlink 34: Internal Document (64781)

  • Platform: Internal COCOO document.
  • Summary: There is no public information available for this item. It is likely a reference to an internal COCOO document or case file.
  • Strategy: In a real-world scenario, this document would be located in COCOO’s internal systems and analyzed for its relevance to the Three/Vodafone merger case.
  • Expected Report: An analysis of the content of the internal document and its application to the case.

Searchlink 35 & 48: trade.ec.europa.eu (Access2Markets)

  • Platform: The European Commission’s Access2Markets portal, which provides information for companies on trade with other countries.
  • Search Strategy:
    • Objective: To identify any trade barriers or regulatory issues in the telecommunications sector that might be relevant to the merger. This is a broader contextual search.
    • Process:
      1. Use the portal to search for information on trade in telecommunications services with the UK.
      2. Look for any documented trade barriers or specific regulations that could be impacted by a major market consolidation.
  • Expected Report: A report on the EU’s trade policy and regulations concerning the UK telecommunications market. This could provide additional arguments about the potential negative impacts of the merger on the wider EU market.

Searchlink 36: showvoc.op.europa.eu

  • Platform: A platform for visualizing EU vocabularies and data.
  • Search Strategy:
    • Objective: To find and understand the official EU vocabularies related to competition, telecommunications, and mergers.
    • Process:
      1. Search the platform for vocabularies and taxonomies related to the case.
  • Expected Report: A glossary of official EU terminology. This is a foundational step to ensure that all legal and economic arguments are framed using the correct and official language of the EU institutions.

Searchlink 37: Eurostat

  • Platform: The statistical office of the European Union.
  • Search Strategy:
    • Objective: To gather statistical data on the telecommunications markets in the UK and the EU to provide a quantitative basis for the arguments against the merger.
    • Process:
      1. Search Eurostat’s databases for data on market concentration, prices, investment, and employment in the telecommunications sector.
      2. Compare the UK market data with that of other large EU countries to show how the UK market might change post-merger.
  • Expected Report: A detailed statistical analysis of the telecommunications market. This will be a critical piece of evidence to demonstrate the likely quantitative harm of the merger.

Searchlink 38: USP WPI

  • Platform: This likely refers to a patent or intellectual property database (potentially the Derwent World Patents Index, WPI).
  • Search Strategy:
    • Objective: To investigate the patent portfolios of Three and Vodafone.
    • Process:
      1. Search the database for patents held by both companies.
      2. Analyze the patents to understand their key areas of innovation and technological strength.
  • Expected Report: An overview of the intellectual property held by the merging companies. This could be used to make arguments about the potential for the merger to stifle innovation in the sector.

Searchlink 39 & 56: Violation Tracker UK

  • Platform: A database of corporate misconduct, including regulatory penalties and court judgments.
  • Search Strategy:
    • Objective: To find any past instances of misconduct by Three or Vodafone.
    • Process:
      1. Search the database for both companies.
      2. Analyze any past violations, particularly those related to competition law, consumer protection, or environmental regulations.
  • Expected Report: A “rap sheet” for both companies. This can be used to build a narrative about their corporate character and to argue that they cannot be trusted to act in the public interest post-merger.

Searchlink 40 & 61: Competition Appeal Tribunal (CAT)

  • Platform: The UK’s specialist judicial body for hearing appeals on competition law matters.
  • Search Strategy:
    • Objective: To find precedents from past merger cases that have been heard by the CAT.
    • Process:
      1. Search the CAT’s case archive for any appeals related to telecommunications mergers or other relevant sectors.
      2. Analyze the judgments to understand the Tribunal’s reasoning and its approach to key legal and economic issues.
  • Expected Report: A legal analysis of relevant precedents from the CAT. This will be essential for shaping the legal arguments in the COCOO case and for predicting how the CAT might rule if the case were to reach it.

Searchlink 41 & 60: Competition and Markets Authority (CMA)

  • Platform: The UK’s primary competition and consumer authority.
  • Search Strategy:
    • Objective: This is the most critical platform for the case. The goal is to gather all information that the CMA has published about the Three/Vodafone merger.
    • Process:
      1. Go directly to the CMA’s case page for the Three/Vodafone merger.
      2. Download and analyze all published documents, including the “invitation to comment,” the “issues statement,” any working papers, and the provisional and final reports.
  • Expected Report: A comprehensive and up-to-the-minute understanding of the CMA’s investigation. This will be the primary source of information for the COCOO case, and all of COCOO’s submissions and arguments will need to be made in response to the CMA’s findings.

Searchlink 42 & 62: DG COMP (European Commission)

  • Platform: The Directorate-General for Competition of the European Commission.
  • Search Strategy:
    • Objective: To find information on how the European Commission has dealt with similar telecommunications mergers in the past.
    • Process:
      1. Search DG COMP’s case archives for past merger decisions in the telecommunications sector.
  • Expected Report: A report on EU precedents for telecom mergers. This will provide a valuable point of comparison with the CMA’s approach and can be used to bolster arguments in the COCOO case.

Searchlink 43: BAILII (British and Irish Legal Information Institute)

  • Platform: A free online database of British and Irish case law, legislation, and other legal materials.
  • Search Strategy:
    • Objective: To find any relevant UK court judgments that are not from the CAT but that might be relevant to the case.
    • Process:
      1. Search for judgments related to competition law, judicial review of regulatory decisions, and contract law in the telecommunications sector.
  • Expected Report: A collection of relevant case law that can be used to support the legal arguments in the COCOO case.

Searchlink 44: EUR-Lex

  • Platform: The official online database of EU law.
  • Search Strategy:
    • Objective: To find all relevant EU legislation, treaties, and case law related to competition and telecommunications.
    • Process:
      1. Search for the EU’s competition regulations (e.g., the Merger Regulation).
      2. Search for directives and regulations related to the telecommunications sector.
  • Expected Report: A comprehensive overview of the EU legal framework for competition and telecommunications. This will provide the legal foundation for any arguments that touch upon EU law.

Searchlink 45 & 59: UK’s Business and Property Courts

  • Platform: The specialist courts in the UK that handle complex business and property disputes.
  • Search Strategy:
    • Objective: To find any relevant judgments from these courts that could be used as precedents.
    • Process:
      1. Search the court’s case archives for any disputes involving Three or Vodafone, or any cases that deal with relevant legal principles.
  • Expected Report: A collection of relevant judgments that can be used to support the legal arguments in the COCOO case.