Premier League In Competition Dispute Over Photos

The FA Premier League, which is the governing body for the

English Football Premier League, is locked in a dispute over

the use made of photographs taken at Premier League matches. At

issue is the restriction which the Premier League seeks to

impose on those photographers who are given access to football

stadia. As part of the licence to enter stadia and take

pictures, photographers are required to agree to certain

conditions. One of those conditions states that photographers

may not distribute their photos to any person for use in a

magazine or periodical which is devoted solely to a single club

or player.

The defendant, LCD Publishing Limited, publishes magazines

which are devoted solely to a single player or club. In their

action against LCD, the Premier League have, amongst other

things, argued that by using photographs supplied to them in

breach of the conditions of which they are aware, LCD have

committed various economic torts such as conspiracy, knowing

inducement of breach of contract and unlawful interference with

contract. LCD have sought to defend this aspect of the Premier

League's claim by arguing that the restriction imposed in

the licences under which photographers operate are in unlawful

restraint of trade and also breach Section 2(1) of the

Competition Act 1998 which prohibits anti-competitive

agreements. These are referred to as competition defences and

are becoming an increasingly used tactic in litigation.

The Premier League sought to have the competition defences

struck out. Unfortunately for them (since dealing with

competition defences can become a costly exercise, especially

since expert evidence is invariably necessary) the Court

refused to strike out the defence, which therefore lives to

fight another day. However, it did require LCD to provide

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