BHB Enterprises plc v Victor Chandler (International) Ltd

BHB Enterprises plc v Victor Chandler (International) Ltd

The PA/VCI agreement is conditional on VCI having a valid licence with BHB; PA is entitled to terminate supply if BHB so instructs. VCI's competition law pleading is defective as it does not properly allege unfair pricing, only high pricing, and ignores relevant market value and consumer impact. There is no viable cause of action against PA or BHB for breach of contract, procurement, or abuse of dominant position on the facts and pleadings as presented.

Parties
Claimant: BHB Enterprises plc; Defendant / Part 20 Claimant: Victor Chandler (International) Limited; Part 20 Claimant: Newcote Services Limited; Part 20 Defendant: PA News Limited; Part 20 Defendant: British Horseracing Board Limited
Jurisdiction
England and Wales
Judgment Date
27 May 2005
Procedural Posture
Commercial/contract/competition / Interlocutory Application for Amendment, Joinder, and Interim Injunction
Outcome
Applications refused
Legal Topics
Breach of Contract, Database Rights, Abuse of Dominant Position, Interim Injunctions, Procurement of Breach of Contract, Unlawful Interference With Trade
Contract Law Competition Law Intellectual Property Breach of Contract Database Rights Abuse of Dominant Position Interim Injunctions Procurement of Breach of Contract +1 more

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Parties

BHB Enterprises plc

Claimant

Victor Chandler (International) Limited

Defendant / Part 20 Claimant

Newcote Services Limited

Part 20 Claimant

PA News Limited

Part 20 Defendant

British Horseracing Board Limited

Part 20 Defendant

Procedural Posture

Commercial/contract/competition / Interlocutory Application for Amendment, Joinder, and Interim Injunction

Legal Issues

  1. 1 Whether PA News Limited can be joined as a Part 20 Defendant
  2. 2 Whether VCI can amend its pleadings to allege abuse of dominant position under Competition Act 1998 and Article 82 EC
  3. 3 Whether VCI is entitled to interim injunctive relief to prevent termination of Pre-Race Data feed

Ratio Decidendi

The PA/VCI agreement is conditional on VCI having a valid licence with BHB; PA is entitled to terminate supply if BHB so instructs. VCI's competition law pleading is defective as it does not properly allege unfair pricing, only high pricing, and ignores relevant market value and consumer impact. There is no viable cause of action against PA or BHB for breach of contract, procurement, or abuse of dominant position on the facts and pleadings as presented.

Court Disposition

Applications refused

Orders

  • Refusal of permission to join PA News Limited as Part 20 Defendant
  • Refusal of permission to amend pleadings to allege abuse of dominant position under Competition Act 1998 and Article 82 EC