The Football Association Premier League Ltd v Luxton [2016] EWCA Civ 1097 (09 November 2016)

The Football Association Premier League Ltd v Luxton [2016] EWCA Civ 1097 (09 November 2016)

There was no sufficient nexus between the alleged anti-competitive agreements and the act of copyright infringement by Mr Luxton; the enforcement of FAPL's copyright was not the subject, means, or result of the alleged unlawful conduct, and thus no defence under EU law arose.

Citation
[2016] EWCA Civ 1097
Parties
Claimant/respondent: The Football Association Premier League Limited; Defendant/appellant: Anthony William Luxton
Jurisdiction
England and Wales
Judgment Date
09 November 2016
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in the High Court (chancery Division)
Outcome
Appeal dismissed
Legal Topics
Copyright Infringement, Enforcement of Intellectual Property Rights, EU Free Movement of Services, Anti Competitive Agreements, Summary Judgment, Defences Under EU Law
Intellectual Property Law European Union Law Competition Law Copyright Infringement Enforcement of Intellectual Property Rights EU Free Movement of Services Anti Competitive Agreements Summary Judgment +1 more

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Parties

The Football Association Premier League Limited

Claimant/respondent

Anthony William Luxton

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in the High Court (chancery Division)

Legal Issues

  1. 1 Whether the enforcement of copyright by FAPL against Mr Luxton is precluded by alleged anti-competitive agreements contrary to Articles 56 and 101 TFEU
  2. 2 Whether there is a sufficient nexus between the alleged unlawful conduct (market partitioning) and the copyright infringement to provide a defence
  3. 3 Whether nuanced or limited relief should be granted instead of a full injunction

Ratio Decidendi

There was no sufficient nexus between the alleged anti-competitive agreements and the act of copyright infringement by Mr Luxton; the enforcement of FAPL's copyright was not the subject, means, or result of the alleged unlawful conduct, and thus no defence under EU law arose.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment for FAPL upheld
  • Injunction to restrain copyright infringement maintained