How valuable is the Chancery Court judgment ([2005] EWHC 3015 (Ch)) as an example of private enforcement of EU competition law in the court of an EU Member State?

DISCUSSION: Required reading is the Chancery Court decision in Attheraces (ATR) v BHB. This case is an example of a private action for enforcement of competition law: specifically ATR was seeking an injunction against BHBs allegedly excessively high prices as abuse of market dominance. ATR was successful in this action. The decision of the Chancery Court was overturned on appeal (by the Court of Appeal) in a judgment that accepted some of the trial judges conclusions but rejected others. ATR indicated it would seek leave to appeal to the High Court, but (as with so many private enforcement cases) the matter was settled between the parties out of court before it could be heard. Ensure that you support your conclusion with brief but relevant quotes or citations from the case, and where appropriate brief quotes or citations from the appeal (available at

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