At The Races claims landmark legal victory

Horse racing information service At The Races today claimed a landmark victory in its battle with the British Horse Racing Board.

High Court judge Mr Justice Etherton found in ATR’s favour in its claim against the BHB over the issue of pre-race data.

Lawyers for ATR said it was the first time a court in the UK had found that a business practice is in abuse of a dominant market position, a landmark in competition law.

They said the judge also found that the BHB adopted a policy of excessive and discriminatory pricing, again in breach of competition law.

The claim related to the supply to ATR of “pre-race data“, information on runners and riders to enable bookmakers to take bets on horse races.

ATR pays the Press Association for the supply of a pre-race data feed for ATR’s service to overseas bookmakers, with the BHB having a separate agreement to supply the data to PA.

The BHB demanded that ATR enter into an additional licence with the BHB to pay for database rights.

After the European Court of Justice ruled in November 2004 that the BHB had no database rights, ATR asked the BHB to clarify the basis on which it sought payment.

In response, the BHB said that unless ATR agreed to pay licence fees to the BHB, it would instruct PA to terminate its supply of pre-race data to ATR.

ATR then brought the current proceedings, claiming that the threat by the BHB to prevent PA from supplying pre-race data to ATR constituted an abuse of a dominant position under EU and UK competition laws.

Matthew Imi, chief executive of ATR, said: “We have been totally vindicated by this resounding judgment. The BHB has been found to have abused its position and pursued a discriminatory and excessive pricing policy.”

He added: “ATR contributes significant sums to British horse racing through its media rights payments to its racecourse partners and we have made massive strides in increasing the exposure of British racing, both at home and internationally.”