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SIS
HAND FORCED BY "UNREASONABLE" BHB
24
January 2002 - Satellite
Information Services ("SIS") last night (Wednesday January
23, 2002) formally notified the British Horseracing Board ("BHB")
that it will institute legal proceedings, seeking declaratory
relief and damages, if the BHB goes ahead with the planned introduction
of its Commercial Policy relating to audio/visual and text licences
on May 1st, 2002.
The
BHB's Commercial Policy is already the subject of investigation
by the Office of Fair Trading, on the basis that it has reasonable
grounds for suspecting that it breaches the UK Competition Act.
SIS has also received legal advice that it additionally infringes
Articles 81 and 82 of the EC Treaty.
SIS
Chief Executive David Holdgate said : "I understand and respect
the BHB's desire to negotiate the best possible deal. That's business.
But when they step outside the law and attempt to impose anti-competitive
arrangements for their own ends, then they damage not only their
own reputations, but that of the sport they are supposed to lead.
"We
are taking this step with great reluctance. We've had endless
meetings, many telephone calls, and exchanged a series of letters
with the BHB and the Racecourse Association, all in the hope of
a sensible commercial negotiation. I can only describe the response
as rigid and unreasonable. Racing is being torn apart by too many
disputes right now, and the BHB seems to be at the heart of them
all. There's a desperate need for men of goodwill to sit down
together, listen, compromise and come to agreements. All we are
seeing from the BHB is the inflexible attempt to impose their
master plan, regardless not only of others' interests, but also,
apparently, of the laws of this country.
"I
do not look forward to the legal costs, but pay them we must.
We have a duty to protect our business and our customers. But
I hate to think of what the BHB's legal fees must be, and those,
of course, must be funded by racing."
He
explained, "The Commercial Policy will cause great damage
to SIS. Not only will it seek to exclude SIS from its current
business of generating live pictures of UK horseracing on course,
and of providing as part of its service its own on-course information
to SIS's customers, but it will also attempt to impose a variety
of anti-competitive restrictions upon SIS as part of the cost
of obtaining UK horseracing pictures and data (generated by other
suppliers such as the PA and RaceTech). The effect of these measures
would be to restrict SIS's ability to operate effectively, or
even at all, to the detriment of SIS's customers and consumers
alike."
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