Scottish Premier League Ltd v Lisini Pub Management Co Ltd [2013] ScotCS CSOH_48 (25 March 2013)

Scottish Premier League Ltd v Lisini Pub Management Co Ltd [2013] ScotCS CSOH_48 (25 March 2013)

The undertaking granted by Lisini was based on alleged breach of the 1988 Act and was not intended to bind irrespective of legal developments. The undertaking implicitly fell when the interdict was withdrawn. SPL's claim for permanent interdict fails. Lisini's Article 101 TFEU counterclaim is not irrelevant despite lack of market definition, as the ECJ decision establishes a prima facie anti-competitive object.

Citation
[2013] ScotCS CSOH_48
Parties
Pursuer: The Scottish Premier League Limited; Defender: Lisini Pub Management Company Limited
Jurisdiction
Scotland
Judgment Date
25 March 2013
Procedural Posture
Civil / Procedure Roll Debate
Outcome
Principal action dismissed; counterclaim proceeds.
Legal Topics
Undertakings, Interdicts, Broadcasting Rights, Anti Competitive Agreements, Market Definition
Competition Law Contract Law Intellectual Property Undertakings Interdicts Broadcasting Rights Anti Competitive Agreements Market Definition

Case Brief

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Parties

The Scottish Premier League Limited

Pursuer

Lisini Pub Management Company Limited

Defender

Procedural Posture

Civil / Procedure Roll Debate

Legal Issues

  1. 1 Whether Lisini is bound by the undertaking after withdrawal of interdict
  2. 2 Whether SPL is entitled to permanent interdict based on the undertaking
  3. 3 Whether SPL's actions breached Article 101 TFEU

Ratio Decidendi

The undertaking granted by Lisini was based on alleged breach of the 1988 Act and was not intended to bind irrespective of legal developments. The undertaking implicitly fell when the interdict was withdrawn. SPL's claim for permanent interdict fails. Lisini's Article 101 TFEU counterclaim is not irrelevant despite lack of market definition, as the ECJ decision establishes a prima facie anti-competitive object.

Court Disposition

Principal action dismissed; counterclaim proceeds.

Orders

  • Motion for commission and diligence refused as unnecessary.
  • Case put out by order to discuss further procedure.