Scottish Professional Football League Ltd v Lisini Pub Management Co Ltd [2013] ScotCS CSIH_97 (15 November 2013)

Scottish Professional Football League Ltd v Lisini Pub Management Co Ltd [2013] ScotCS CSIH_97 (15 November 2013)

The undertaking given by the defenders ceased to have effect and became unenforceable from the date of the ECJ's decision in the English Premier League case, as the acts it sought to prevent were no longer illegal. The defenders' counterclaim under Article 101 TFEU was relevant for inquiry because the type of restriction in question was, by its nature, injurious to competition and thus void under EU law, without need for further averment of appreciable effect.

Citation
[2013] ScotCS CSIH_97
Parties
Pursuer and Reclaimer: Scottish Professional Football League Limited; Defender and Respondent: Lisini Pub Management Co Limited
Jurisdiction
Scotland
Judgment Date
15 November 2013
Procedural Posture
Civil Appeal (reclaiming Motion) / Appeal From Lord Ordinary's Interlocutor, Seeking Recall and Dismissal of Counterclaim
Outcome
Appeal refused; Lord Ordinary's interlocutor adhered to.
Legal Topics
Article 101 TFEU, Exclusive Territorial Licensing, Undertakings and Enforceability, Interim Interdict, Broadcasting Rights, EU Law Supremacy
Competition Law Contract Law Intellectual Property Article 101 TFEU Exclusive Territorial Licensing Undertakings and Enforceability Interim Interdict Broadcasting Rights +1 more

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Parties

Scottish Professional Football League Limited

Pursuer and Reclaimer

Lisini Pub Management Co Limited

Defender and Respondent

Procedural Posture

Civil Appeal (reclaiming Motion) / Appeal From Lord Ordinary's Interlocutor, Seeking Recall and Dismissal of Counterclaim

Legal Issues

  1. 1 Whether the defenders' undertaking not to broadcast matches remained enforceable after the ECJ decision in the English Premier League case
  2. 2 Whether the defenders' counterclaim based on Article 101 TFEU was relevant for inquiry

Ratio Decidendi

The undertaking given by the defenders ceased to have effect and became unenforceable from the date of the ECJ's decision in the English Premier League case, as the acts it sought to prevent were no longer illegal. The defenders' counterclaim under Article 101 TFEU was relevant for inquiry because the type of restriction in question was, by its nature, injurious to competition and thus void under EU law, without need for further averment of appreciable effect.

Court Disposition

Appeal refused; Lord Ordinary's interlocutor adhered to.

Orders

  • Principal action dismissed; perpetual interdict refused.
  • Counterclaim allowed to proceed to inquiry.