The Moriarty Tribunal has heard that details of a confidential document which came into the possession of ESAT in 1995 had previously appeared in the media.
The European Commission document outlined the recommended criteria for assessing mobile phone applications throughout the EU.
Last week, the tribunal heard that ESAT had acquired this document prior to compiling its bid for Ireland's second mobile phone licence.
However, in a letter to the tribunal, a solicitor for former ESAT chairman Denis O'Brien said the company's possession of the document did not give it an unfair advantage over other applicants because the details contained in it had already appeared in the press.