||All England Reporter
|| All ER (D) 26 (Feb)
|| EWCA Civ 38
||Court of Appeal, Civil Division
Mummery, Sedley and Lloyd LJJ
||Charles Hollander QC and Daniel Jowell (instructed by Olswang) for ATR.
||Peter Roth QC and Maya Lester (instructed by Denton Wilde Sapte) for BHB.
||2 February 2007
Competition - Rules on competition - Abuse of dominant position - Horse racing - Supply of pre-race data - Excessive and unfair pricing - Judge holding that economic value of pre-race data was cost of compilation plus reasonable return - Whether judge erring in failing to take account of value of pre-race data to claimant - , s 18 - EC Treaty, art 82.
In a case where the claimant alleged that the defendant had abused its dominant market position in the supply of pre-horserace data by, inter alios, excessive and unfair pricing, the judge had erred in holding that the economic value of the pre-race data was the cost of compilation plus a reasonable return, and in failing to take account of the value of the pre-race data to the claimant.
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