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United Kingdom 2018: The Team Elite

Telefónica UK

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United Kingdom 2018: The Team Elite

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The 29-strong legal team at Telefónica UK has had a lot to contend with over the last 12 months, encompassing all areas of the law but particularly commercial and litigation. According to GC Edward Smith, these disputes are frequently significant because ‘our litigation is regulatory litigation and it tends not to settle’. His contentious team has been especially embattled in a dispute of major concern to the mobile sector: that between regulator Ofcom and rivals EE and Three. The dispute centred on Ofcom’s decision to set a cap of 37% on the amount of mobile spectrum any British company could own for its upcoming 5G auction. Three had argued for a lower 30% band to be applied, while EE wanted the cap to be removed entirely. Currently, BT-owned EE holds 42% of the UK mobile spectrum, with Three owning 15%, Vodafone 29% and Telefónica 14%. The High Court had rejected EE’s and Three’s appeals against Ofcom’s decision in December 2017, but Three will be continuing its fight in the Court of Appeal in 2018. Smith, who wants the matter to be resolved quickly so that spectrum bidding can start, says: ‘My team has been working very closely with Ofcom. We want to see that decision stand.’ He cites senior legal counsel Sophie Service as a particularly strong performer in this area. In terms of non-contentious work, legal counsel Harry Robinson, and marketing and intellectual property head Melissa Hall have been instrumental in getting vital additions to Telefónica’s two million sponsorship agreements. Smith is specifically upbeat about a deal struck with Anschutz Entertainment Group (AEG) – the owners and operators of The O2 Arena in London – describing it as ‘a genuine win/win’. Telefónica entered into a new ten-year deal with AEG last year. A further deal with events organiser Live Nation UK was also of note, with Smith saying: ‘Both deals are the backbone to our ability to provide priority tickets to customers.’ Smith is particularly proud of the number of women in his legal team, which he labels ‘extraordinary’. Out of 29 staff, 23 are female. ‘It was all achieved without any positive discrimination,’ Smith says. ‘We hire the best person for the job.’ Baker McKenzie partner Steve Holmes describes Telefónica’s team as ‘fast-paced and innovative’, and singles out corporate and commercial legal director Kate Copping for praise: ‘What sets Kate apart from her peers in the industry is her passion for creating highquality teams, delivering targeted advice to the business and never shying away from challenge. Her knowledge of the UK telecoms market is second-to-none.’

 

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