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Sportradar has indicated that it would defend any such counterclaims in particular on the basis that the relevant restrictions contained in the stadia terms and conditions are unenforceable insofar as they give effect to the unlawful and unenforceable long term exclusivity granted to Betgenius.
The Competition Appeal Tribunal, as a specialist competition law tribunal, does not have jurisdiction to hear the counterclaims. In reaching its decision, the Tribunal ruled that the proceedings should be viewed as a whole, and that considerations of particular relevance include:.
Paragraph There are a number of interesting factors arising from the case for practitioners. Firstly, there is no presumption that the Competition Appeal Tribunal should exercise its rule 71 power to transfer a claim to the High Court when non-competition issues arise on a counterclaim.
Further, it is clear that the determination of the range of competition issues in play including, in this case, the definition of the relevant market; whether there is a restriction by object; whether there are ancillary restraints; whether the criteria for exemption under Art 3 and s. Crucially, also, it was determined that in this case the resolution of any contention in relation to the enforceability or otherwise of private law rights manifestly depends on questions of competition law.
Sportradar does not dispute the existence of the property rights, or the right of clubs to impose terms and conditions of entry  , but contends that such private law rights cannot be relied on to give effect to an exclusive agreement which violates competition law, a position the Tribunal found to be analogous to that in Purple Parking Ltd v Heathrow Airport Ltd .
That is merely the control mechanism, and its position as the maker of bye-laws merely gives it another method of control, and not a special method of control which is exempt from the effects of competition law The same principles apply to this case in relation to the stadia terms and conditions. References References. Remember Me. Get access to all of the expert analysis and commentary at LawInSport including articles, webinars, conference videos and podcast transcripts.
Find out more here. Andrew's clients include governing bodies, sports clubs, sports agencies and individual athletes. These pages contain general information only. Nothing in these pages constitutes legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter. Sportradar said previously it was prepared to pay for that sublicense, but Genius refused to negotiate in good faith in an effort to secure its monopoly.
The step Sportradar has taken is focused on that outcome. This case will be resolved on EU competition law, which historically has given more power to rightsholders than US law. However, the US could still see similar issues around in-stadium scouting, where official data suppliers work with stadium security to eject unofficial scouts. Brad has been covering the online gambling industry in Europe and the US for more than four years, most recently as the news editor at EGR Global. View all posts by Brad Allen.
While Lampitt did not address a potential lawsuit against the parties on the webinar, he did discuss the outcome of a decision in the Court of Justice of the European Union ECJ. In Football Dataco vs. In response, Lampitt said on the webinar that Sportradar respects the outcome of the case and has positioned its business accordingly.
Furthermore, Lampitt emphasized that Sportradar has sought to take action against companies that attempt to infringe against its database. Based on ticketing protocols, venues that have struck data rights agreements with various professional sports leagues ostensibly believe they have the right to eject unauthorized data scouts from the grounds.
The practice received considerable media attention last summer when a firm named Comsec Investigations ejected a fan from an early-season Hull City match. The fan, according to media reports, did not engage in data scouting but was simply texting his girlfriend and members of his family from the stands. Nevertheless, approximately data scouts were ejected from English football matches this season through early-October, a source told Sports Handle.
At the moment, the ramifications of the legal proceedings on the U. It is also unclear if the protections that are in place for data companies in Europe are internationally recognized by courts in other jurisdictions throughout the world. But in the U. One development to watch closely revolves around the data rights for Premier League wagering in the U. Secondly, the monitoring of illegal data scouts on U.
In fact, this kind of monitoring is already occurring in the U. In addition, competitors of Sportradar may argue that the lawsuit opens the possibility that their data scouts could collect open-sourced data from NFL and NBA venues for distribution to betting partners.
This legal entanglement between Sportradar and Betgenius in the UK is also rich with irony. It is occurring at a time when U. The leagues have been successful in this lobbying effort so far in three states: Tennessee , Illinois and Michigan.
However, legalized sports betting has yet to go live in any of the three even though a launch has not been ruled out. In those three states, to no avail. As a degree one-stop shop provider for betting and gaming operators, Betradar provides tailor-made products and services to externalise labour-intensive tasks, increase the in-play betting offering, enrich sportsbooks with bet-stimulating content solutions, enhance the engagement through live streaming and speed-up bet cycles with virtual sports betting solutions.
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