In November 2018, Irish telecommunications regulator ComReg issued a decision on the prices Eircom, the former national monopoly, would be allowed to charge to other telecommunications operators for access to its infrastructure (wholesale broadband access prices). In early 2019, one of Eircom’s competitors Sky Ireland lodged an appeal to the High Court, challenging ComReg’s decision on the basis that it contained significant errors. Sky criticized ComReg’s decision in a number of areas including failing to use up-to-date accounting information when setting cost-oriented access prices, failing to impose price regulation on broadband roll-out in rural areas, and the approach ComReg took to determining the migration charge for customers switching between providers.

NERA’s team, led by Senior Managing Director Richard Hern, was retained by counsel on behalf of ComReg to provide an independent assessment of ComReg’s wholesale broadband access pricing decision, analyzing whether it contained any significant errors in the areas highlighted by Sky in its appeal. 

NERA produced two expert reports that analyzed the process and reasoning followed by ComReg in its decision and responding to the arguments presented by the opposing experts. Sky and ComReg settled the dispute in late 2019, prior to the High Court hearing.