Below follows a statement from Gibtelecom regarding a Competition law claim brought against Gibtelecom by Gibfibre:

The Supreme Court of Gibraltar has soundly dismissed a Competition law claim brought against Gibtelecom by Gibfibre. 

This marks the third unsuccessful attempt by Gibfibre to challenge Gibtelecom in relation to access to Gibtelecom’s private data centres. The first two were made by Gibfibre under the Communications Act and subsidiary legislation, whilst this third attempt was made under Competition Law.

The Court's decision outlined several key reasons for the dismissal:

1. No Abuse of Position: Gibtelecom has not abused its position in the Data Centre market.  There was no evidence to support claims made by Gibfibre that Gibtelecom had abused its market position.
2. Not Dominant: After a thorough review, the Court determined that Gibtelecom does not hold a dominant position in the Gibraltar Data Centre Market.
3. Gibfibre is incorrect in its Market Definition: In any event, and crucially for the purposes of Competition Law, the Court recognised that colocation services and cloud services form part of the same product market; and Gibraltar and other similar jurisdictions are in competition with each other for Data Centre customers.

Gibtelecom's CEO, Noel Burrows commented, "We are delighted with the Court's thorough and decisive judgment, finding in Gibtelecom’s favour and rejecting Gibfibre’ s claims. This is the third time we have successfully defended against such claims, underscoring the robustness and fairness of our operations in the highly competitive telecommunications market. Gibtelecom remains committed to providing high-quality communication services and upholding the principles of fair competition.”