Getmapping plc v Ordnance Survey....

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