The Football Association Premier League Ltd v Luxton

The Football Association Premier League Ltd v Luxton

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 any unlawful agreement, and the mere fact that the market for foreign commercial cards was restricted did not provide a defence. The appeal was dismissed.

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
Outcome
Appeal dismissed
Legal Topics
Copyright Infringement, Free Movement of Services, Anti Competitive Agreements, Summary Judgment, Remedies for Copyright Infringement
Intellectual Property Law Competition Law European Union Law Copyright Infringement Free Movement of Services Anti Competitive Agreements Summary Judgment Remedies for Copyright Infringement

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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

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 agreements and the act of infringement to provide a defence
  3. 3 Whether nuanced or limited relief is appropriate where both legitimate and illegitimate purposes are alleged

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 any unlawful agreement, and the mere fact that the market for foreign commercial cards was restricted did not provide a defence. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Summary judgment for FAPL stands
  • Injunction restraining infringement of copyright remains