Almost a year to the day the BHB ditched Addleshaws after it lost an appeal against a High Court ruling on pre-race data. DWS won its new client for a second appeal in front of Lord Justices Mummery, Sedley and Lloyd, which was allowed on 2 February.
The original case was brought by Attheraces, a consortium of BSkyB and Arena Leisure, in 2005, which alleged that the amount it was being charged by the BHB for data was excessive and was an abuse of its dominant position.
In the Court of Appeal judgment it was held unanimously that the High Court ruling “took too narrow a view of economic value”.
The decision is the first time the Court of Appeal has heard a case under Article 82 of the Treaty of Rome, which governs abuse of a dominant position.
Olswang litigation partner Steven Baker led for Attheraces, instructing Charles Hollander QC and Daniel Jowell, both of Brick Court Chambers.
The DWS team, led by partner Sam Szlezinger and assisted by associate Alex Haffner, instructed Peter Roth QC of Monckton Chambers and Maya Lester of Brick Court.