08457 22 44 99
Notified by: Gordon Downie
Notifier's role in case: None
Email address: gordon.downie@shepwedd.co.uk
Postal address: Saltire Court, 20 Castle Terrace, Edinburgh EH1 2ET
Case no: Not known
Court: English High Court, Chancery Division
Judge: Mr Justice Laddie
Date of judgment: 31 May 2002
Counsel: Mark Brealey QC for claimant; Mark Barnes QC and Daniel Jowell for defendant
Solicitors: Theodore Goddard for claimant; Slaughter & May for defendant
Competition issue: Claimant sought interim relief requiring defendant to place claimant's digital photographs on defendant's website. Several allegations of abuse of defendant's dominant position contrary to Chapter II of the 1998 Act as a result of defendant setting up a one-stop shop and offering its own imagery services
Result: Interim relief refused. A dominant trader's entry into a competitive market is not per se unlawful, even if facilitated by financial strength. Use of public funds was irrelevant to issue of abuse in the absence of abusive conduct. Other elements of defendant's conduct were capable of objective justification.
Where case will be published:
[2002] EWHC 1084 (Ch)
Getmapping [2002] UKCLR 410
Contact for further information: Gordon Downie, Shepherd + Wedderburn
Back to: 2002
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08457 22 44 99
