CAT can award an injunction requiring specific performance. The ODT is carried out by the PL themselves and despite claims of objectivity, the test is subjective and potentially subject to commercial considerations and bias. Remember that the PL is effectively acting as a company and regulator and can be subject to pressure from it's member and commercial partners, re BEin. On that basis, CAT can rule that the ODT breaches competition law in that it restricts competition and marketing opportunities of another company against whom there are competing interests from other member clubs, whose interests are to monopolise the competition. The EPL may be evidence of this. Competition Act 1998 s.47A allows claims for compensation and/ or injunction. Ultimately, It is for CAT to rule given they are the experts. I'm not at all with this area of law. If they allow the claim then it suggests a realistic prospect of success.
Maybe we should have a definitive list of who’s in and who’s out. A final decision if you like. See who is in and who is out. Separate the realists from the dreamers!
(1) There is a backlog (2) The next update will likely be the case management order. CAT cases can take a long time.
Courts are hyper slow on most things these days. I don’t know about CAT but can’t really see them being any different to the rest. It’s a combination of reduced staffing, centralisation, reduced funding, new useless systems and COVID.
