This decision was appealed to the Competition Appeal Tribunal on 7 June 2004 and 12 July 2004. On 2 August 2005 the Competition Appeal Tribunal set aside the OFT's decision. For further details see Competition Appeal Tribunal website.
Notification by Arena Leisure plc / Attheraces Holdings Limited / British Sky Broadcasting Group plc / Channel Four Television Corporation / The Racecourse Association Limited
10 May 2004
The OFT finds that one aspect of the Attheraces notified arrangement infringes the Chapter I prohibition contained in the Competition Act 1998 and does not qualify for individual exemption.
That aspect is the collective selling by the 49 participating racecourses of certain media rights necessary for the production of the Attheraces interactive digital TV channel, and of the Attheraces website. In particular, the provisions of the rights agreement providing for the collective grant of certain rights by the 49 racecourses and the payment for such grant infringe the Chapter I prohibition.
However, no directions are appropriate as the OFT is satisfied that Attheraces has given effect to its notice terminating the rights agreement. However, since this development only took place very recently, that rights agreement is referred to in this decision in the present tense.