Digicel Jamaica Limited obtained an injunction from the Supreme Court last Friday barring rival Cable and Wireless/LIME Jamaica from using shared industry data to target Digicel's high user clients.

The disclosure by Digicel is the latest in a round of legal salvos between Jamaica's two largest telecoms whose battles are now largely - and with increasing frequency - being fought before Jamaica's high court justices.

Digicel said it had also sought a 'search and seizure order' but later amended the application to seek a 'preservation order'.

"The Preservation Order requires that CW not delete or destroy any records which we may seek to rely on to prove our case at the eventual arbitration," said Digicel Group head of communications, Antonia Graham.

"When the judge granted the injunction we also got the Preservation Order. Our related request to get an order to inspect the preserved data was not granted to us. The judge favoured the issue of inspection being left for the arbitration to decide."

Disappointed with ruling

LIME on Tuesday said it was disappointed with the court's ruling, and is appealing the decision. The company denies the charges by Digicel, and has thrown down the gauntlet, saying it will not be deterred in "lawfully marketing" its products and services to Jamaicans.

"... An injunction does not indicate that the court has ruled on the substantive issues of the case itself. The case is still to be heard," said LIME in a company statement responding to Wednesday Business' request for comment.

"We will of course comply with the court's orders, but we are appealing the injunction as telemarketing to competitors' customers is an accepted practice in markets that are truly competitive and this ensures that consumers have real choice."

In its latest appeal to the court, Digicel charged that LIME has reached out to some 53,000 of its clients on auto-dialer, that the calls originated in St Lucia, and that LIME identified Digicel's customers based on an analysis of traffic and usage patterns which it identifies by virtue of customer information from an interconnection agreement dating back to April 18, 2001. LIME denies breaching the agreement.

Injunction

Digicel requested an injunction restraining LIME, its agents and officers from targeting, calling or soliciting Digicel's subscribers and customers or otherwise interfere with the business or business assets of the claimant.

"Our customers are our number one priority at Digicel, and our commitment to them is that we will do everything in our power to ensure that their interests are protected," said Richard Fraser, Head of Legal and Regulatory Affairs at Digicel.

mark.titus@gleanerjm.com