References:  EWCA Civ 2018
Coram: Lord Justice Mummery, Lord Justice Longmore, And, Mr Justice Harrison
The claimants sought to re-instate an injunction, claiming Jobserve were acting to abuse their dominant market position. The claimants asserted that European case law had decided the point in their favour. Both parties operated web-sites advertising jobs in the IT sector. The trade association through which most jobs became available, used the Jobserve service. Jobserve, itself not an agency, refused to accept advertisements from those who were agencies, claiming they were competitors.
Held: There was an arguable case, and the injunction stood
Statutes: Competition Act 1998 18
This case cites:
- Cited – Oscar Bronner v Mediaprint (Judgment) ECJ (Europa, C-7/97,  ECR 1-7791, Bailii,  EUECJ C-7/97)
A major newspaper proprietor had refused to allow a small competitor access to its efficient distribution service.
Held: That amounted to an abuse of a dominant position: ‘First, it is apparent that the right to choose one’s trading partners . .
Last Update: 01-Oct-15 Ref: 167308