United Kingdom Judgment

Mr David Alexander de Horne Rowntree v (1) the Performing Right Society Limited and (2) PRS For Music Limited [2026] CAT 33 (21 April 2026)

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Source document

01

Holding and result

The Tribunal found that the respondents' conduct did not constitute an abuse of dominant position as the terms imposed were objectively justified and proportionate for collective rights management.

Court disposition

application dismissed

Orders

  • The application is dismissed.
  • No order as to costs.

02

Material facts

Parties

Mr David Alexander de Horne Rowntree

Applicant

Performing Right Society Limited

Respondent

PRS For Music Limited

Respondent

03

Procedural history

  1. Posture

    Competition Appeal / Final Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant alleged that the respondents abused their dominant position by imposing unfair terms and restricting access to music licensing, thereby breaching competition law.
Respondent
The respondents argued that their terms were fair, necessary for collective rights management, and compliant with competition law.

05

Court’s reasoning

  1. 01

    Competition Act 1998, Section 18

    Abuse of dominant position is prohibited under competition law.

  2. 02

    EU Competition Law, Article 101 and 102

    Collective rights management must not restrict competition beyond what is necessary.

06

Ratio, limits and disposition

Ratio decidendi

The Tribunal found that the respondents' conduct did not constitute an abuse of dominant position as the terms imposed were objectively justified and proportionate for collective rights management.

Obiter and limits

  • The Tribunal noted that transparency in licensing terms is essential for fair competition.
  • The Tribunal observed that collective management organisations must regularly review their practices to ensure compliance with competition law.

Court disposition

application dismissed

  • The application is dismissed.
  • No order as to costs.

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[2026] CAT 33

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Case C-245/12 SIA 'Konsum' v Latvian Copyright Agency

Case cited

Case C-240/18 Google v European Commission

Case cited

Competition Act 1998

Legislation

Legislation referenced in the available case record.

EU Competition Law Article 101

Legislation

Legislation referenced in the available case record.

EU Competition Law Article 102

Legislation

Legislation referenced in the available case record.

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