The UK Court of Appeal overturns the High Court’s finding that British Horseracing Board has abused its dominant position by charging excessive and discriminatory prices (Attheraces / BHB)

On 2 February 2007, the Court of Appeal handed down a judgment upholding the British Horseracing Board's appeal against the High Court's judgment finding that BHB had abused its dominant position in (a) refusing to supply the relevant product (pre-race data) to an existing customer (Attheraces Limited ); (b) excessive and unfair pricing of pre-race data; and (c) its discriminatory pricing of pre-race data. Background The British Horseracing Board (“BHB”) is responsible for formulating policy and for the improvement, funding and promotion of British racing. Its commercial arm (BHB Enterprises plc) is responsible for creating the fixture list and programme content for each year's racing. The BHB maintains a database containing data relating to British racing, including "pre-race" data

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  • Hogan Lovells (London)

Quotation

Alexandra Brown, The UK Court of Appeal overturns the High Court’s finding that British Horseracing Board has abused its dominant position by charging excessive and discriminatory prices (Attheraces / BHB), 2 February 2007, e-Competitions February 2007, Art. N° 13239

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