Sir Christopher Bellamy said: ‘. . the question whether a certain pricing practice by a dominant undertaking is to be regarded as abusive for the purposes of Chapter II is a matter to be looked at in the round, taking particularly into account (i) whether the dominant undertaking has had ‘recourse to methods different from those which condition normal competition in products or services on the basis of the transactions of commercial operators . .’ and (ii) whether such conduct has the effect of weakening or distorting competition in the relevant market, having regard to the special responsibility of a dominant firm not to impair genuine undistorted competition.’
Judges:
Sir Christopher Bellamy
Citations:
[2002] CAT 11
Links:
Citing:
See Also – Aberdeen Journals Limited v Director General of Fair Trading CAT 16-Oct-2001
CAT Judgment on location of the proceedings. . .
Cited – Napp Pharmaceutical Holdings Limited and Subsidiaries v Director General of Fair Trading CAT 16-Jan-2002
. .
Cited by:
Cited – Attheraces Ltd and Another v British Horse Racing Board and Another ChD 21-Dec-2005
The claimants relayed horse racing events to bookmakers. The respondents collected data about the races and horses. The claimants sought the freedom to use that data, and the defendants asserted a database right to control such use.
Held: BHB . .
See Also – Aberdeen Journals Limited v Director General of Fair Trading CAT 19-Mar-2002
A decision of the Director General was set aside and the matter remitted to the DGFT, with a direction that a new notice under the then relevant rules be issued within 2 months. . .
Cited – Attheraces Ltd and Another v The British Horseracing Board Ltd and Another CA 2-Feb-2007
The defendant appealed a finding that it had abused its dominant market position in refusing to supply to the claimant a copyright licence for its information on horse racing at a proper or acceptable price. The defendant was said to have a monopoly . .
Lists of cited by and citing cases may be incomplete.
Commercial
Updated: 04 July 2022; Ref: scu.236658
