The UK High Court holds abusive a threat to refuse to supply pre-race data constituting an essential facility (Attheraces v. The British Horseracing Board)

Background The British Horseracing Board (“BHB”) plays a central role in organising British horseracing. It maintains a large database which includes detailed “pre-race data” regarding forthcoming fixtures. Attheraces (“ATR”) obtained such pre-race data from BHB (via an intermediary) and incorporated it in its coverage of British racing. ATR provided such coverage by a number of means, including a TV channel, over the Internet, and through various international audio-visual bookmaker services. A dispute arose between BHB and ATR as to the terms on which pre-race data was provided. ATR brought proceedings in the High Court (the “Court”) alleging that BHB was abusing a dominant position by threatening to refuse to supply such information to ATR and by charging excessive, unfair and

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Author

  • British Competition Authority - CMA (London)

Quotation

Fred Houwen, The UK High Court holds abusive a threat to refuse to supply pre-race data constituting an essential facility (Attheraces v. The British Horseracing Board), 21 December 2005, e-Competitions Bulletin December 2005, Art. N° 476

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