1410/5/7/21(T) Betgenius Limited v Sportradar AG and Others

By the Order of the Honourable Mr Justice Marcus Smith dated 22 June 2021 (“the Transfer Order”) the competition issues in High Court claim nos. IL-2021-000002 (“the FDC Claim”) and IL-2021-000003 (“the Genius Claim”) (“The Competition Law Issues”) were transferred to the Competition Appeal Tribunal. The Competition Law Issues are defined in paragraph 4 of the Transfer Order.

Pursuant to paragraph 5 of the Order of the Chairman dated 29 July 2021 (“the Directions Order”), the liability issues in Case No: 1342/5/7/20 (“the Sportradar Claim”), and the Competition Law Issues in the FDC Claim and the Genius Claim, are to be heard and determined together with the claim for injunctive relief in the Sportradar Claim at a joint trial (“the First Trial”). The First Trial is to be heard alongside and concurrently with the trial of liability (including causation and any other issues which may go to denying relief) and the claim for injunctive relief in the FDC Claim and the Genius Claim insofar as those claims consist of Non-competition Law Issues (“the HC Proceedings”). Issues of quantification of damages in the HC Proceedings are to be determined (if and insofar as required) subsequently at a second trial.

A case management conference took place on 16 February 2022 where the Tribunal gave a ruling on case management issues relating to the competition issues in High Court claim no. IL-2020-000040 ("the SCM Claim") ([2022] CAT 12) and gave directions concerning disclosure in the Sportradar, FDC and Genius Claims.

An application was made on 3 March 2022 on behalf of Genius for an order that the Claimants in the Sportradar Claim comply with certain disclosure obligations contained within the parties’ disclosure schedule prepared in accordance with paragraph 18 of the Directions Order. The application was considered on the papers and the President's determination is recorded in the Reasoned Order of the President dated 11 March 2022. 

On 17 May 2022, the First Defendant and the Claimants in the Sportradar Claim each made applications in respect of the privilege status of certain documents. The hearing of the applications took place in private on 9 June 2022. Those applications were determined in the Tribunal's Ruling of 1 July 2022 ([2022] CAT 29).

A pre-trial review took place on 28 July 2022.

The First Trial commenced on 4 October 2022 and, upon the Claimants and Defendants in the Sportradar Claim having agreed terms of settlement, the President made an order on 11 October 2022 that these proceedings be stayed. The First Trial has been vacated.