Source: All England Reporter
Publisher Citation: [2007] All ER (D) 26 (Feb)
Neutral Citation: [2007] EWCA Civ 38
Court: Court of Appeal, Civil Division
Judge:

Mummery, Sedley and Lloyd LJJ
Representation Charles Hollander QC and Daniel Jowell (instructed by Olswang) for ATR.
  Peter Roth QC and Maya Lester (instructed by Denton Wilde Sapte) for BHB.
Judgment Dates: 2 February 2007

Catchwords

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.

The Case

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.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary