Attheraces Ltd & Anor v British Horse Racing Board & Anor [2005] EWHC 3015 (Ch) (21 December 2005)

Attheraces Ltd & Anor v British Horse Racing Board & Anor [2005] EWHC 3015 (Ch) (21 December 2005)

BHB abused its dominant position in the market for UK pre-race data supplied to the horse racing industry outside the UK and Ireland by imposing excessive and unfair prices, threatening to terminate supply of essential data to ATR, and applying discriminatory pricing without objective justification. The data was an essential facility, BHB's pricing was not justified by costs or economic value, and BHB's claimed intellectual property rights did not provide a defence after the ECJ's William Hill decision.

Citation
[2005] EWHC 3015 (Ch)
Parties
Claimants: ATTHERACES Ltd & Anr; Defendants: THE BRITISH HORSE RACING BOARD & Anr
Jurisdiction
England and Wales
Judgment Date
21 December 2005
Procedural Posture
Competition Law Claim (abuse of Dominant Position) / High Court Judgment After Trial
Outcome
Judgment for the Claimants (ATR).
Legal Topics
Abuse of Dominant Position, Excessive Pricing, Discriminatory Pricing, Essential Facilities Doctrine, Database Rights, Copyright, Market Definition, Refusal to Supply, Article 82 EC Treaty, Section 18 Competition Act 1998
Competition Law Intellectual Property Law Contract Law European Union Law Abuse of Dominant Position Excessive Pricing Discriminatory Pricing Essential Facilities Doctrine +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

ATTHERACES Ltd & Anr

Claimants

THE BRITISH HORSE RACING BOARD & Anr

Defendants

Procedural Posture

Competition Law Claim (abuse of Dominant Position) / High Court Judgment After Trial

Legal Issues

  1. 1 Whether BHB holds a dominant position in the market for UK pre-race data supplied to the horse racing industry
  2. 2 Whether BHB abused its dominant position by imposing excessive, unfair, and discriminatory pricing and by threatening to terminate supply of essential data to ATR
  3. 3 Whether BHB's conduct was objectively justified or protected by intellectual property rights

Ratio Decidendi

BHB abused its dominant position in the market for UK pre-race data supplied to the horse racing industry outside the UK and Ireland by imposing excessive and unfair prices, threatening to terminate supply of essential data to ATR, and applying discriminatory pricing without objective justification. The data was an essential facility, BHB's pricing was not justified by costs or economic value, and BHB's claimed intellectual property rights did not provide a defence after the ECJ's William Hill decision.

Court Disposition

Judgment for the Claimants (ATR).

Orders

  • Declaration that BHB abused its dominant position in breach of Article 82 EC Treaty and Section 18 Competition Act 1998.
  • Injunction and relief as appropriate to restrain BHB from further abuse regarding supply and pricing of pre-race data to ATR in relation to ATRi and SIS FACTS.