Attheraces Ltd & Anor v The British Horseracing Board Ltd & Anor

Attheraces Ltd & Anor v The British Horseracing Board Ltd & Anor

The particulars of claim advanced by ATR raise substantial and complex issues of fact and law regarding dominance, abuse, and objective justification that cannot be determined summarily. The VCI decision is distinguishable. ATR's case is not fanciful or bound to fail, and there is a seriously arguable case for interim relief. The balance of convenience and maintenance of the status quo favour granting an interim injunction on terms that ATR pays specified sums into court or a joint account pending trial.

Parties
Claimant: Attheraces Ltd; Claimant: Attheraces (UK) Ltd; Defendant: The British Horseracing Board Ltd; Defendant: BHB Enterprises plc
Jurisdiction
England and Wales
Judgment Date
15 July 2005
Procedural Posture
Civil (commercial/competition) / Interlocutory Application (strike Out/summary Judgment and Interim Injunction)
Outcome
BHB's application to strike out or summarily dismiss ATR's claim is dismissed; ATR's application for interim injunction is granted; permission to amend particulars of claim is granted; directions for speedy trial given.
Legal Topics
Abuse of Dominant Position, Database Rights, Interim Injunctions, Excessive Pricing, Unfair Trading Conditions
Competition Law Commercial Law Intellectual Property Abuse of Dominant Position Database Rights Interim Injunctions Excessive Pricing Unfair Trading Conditions

Case Brief

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Parties

Attheraces Ltd

Claimant

Attheraces (UK) Ltd

Claimant

The British Horseracing Board Ltd

Defendant

BHB Enterprises plc

Defendant

Procedural Posture

Civil (commercial/competition) / Interlocutory Application (strike Out/summary Judgment and Interim Injunction)

Legal Issues

  1. 1 Whether BHB abused a dominant position contrary to s.18 Competition Act 1998 and Article 82 EC Treaty
  2. 2 Whether ATR has a real prospect of success on its abuse of dominance claim
  3. 3 Whether an interim injunction should be granted to restrain BHB from causing PA to terminate supply of pre-race data

Ratio Decidendi

The particulars of claim advanced by ATR raise substantial and complex issues of fact and law regarding dominance, abuse, and objective justification that cannot be determined summarily. The VCI decision is distinguishable. ATR's case is not fanciful or bound to fail, and there is a seriously arguable case for interim relief. The balance of convenience and maintenance of the status quo favour granting an interim injunction on terms that ATR pays specified sums into court or a joint account pending trial.

Court Disposition

BHB's application to strike out or summarily dismiss ATR's claim is dismissed; ATR's application for interim injunction is granted; permission to amend particulars of claim is granted; directions for speedy trial given.

Orders

  • Interim injunction granted restraining BHB from causing PA to terminate supply of pre-race data to ATR, conditional on ATR paying specified sums into court or joint account.
  • Permission granted to ATR to amend particulars of claim.