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Hong Kong’s Court of Final Appeal dismissed PCCW’s injunction as restraint of trade By Carol Ko
18 Feb 2009

HONG KONG, 18 FEBRUARY 2009 – CSL last Friday welcomed the decision of the Court of Final Appeal in the legal proceedings instituted by PCCW against both CSL and David Aitken, head of regulatory and corporate affairs at CSL.

CSL and PCCW are both leading network and mobile operators in Hong Kong.

PCCW had sought to restrain Aitken (a former PCCW employee) from working for CSL in conjunction with issues arising out of or related to interconnection between fixed network operators and mobile network operators.

Aitken and CSL argued that the injunction sought by PCCW amounted to a restraint of trade in that if such an injunction was to remain in place, Aitken would not have been able to continue to work in the field of telecommunications interconnection in Hong Kong.

The Court held that the injunction sought by PCCW was a restraint of trade and therefore PCCW’s appeal was dismissed.

Tarek A. Robbiati, chief executive officer of CSL said, “We are glad that common sense and justice have prevailed in this matter which poisoned the atmosphere of the industry. We look forward to continuing our discussions with PCCW, constructively and with renewed realism on both sides.” 

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