The Grand Chamber of the European Court of Justice has held that it is anticompetitive for the Football Association Premier League (FAPL), when licensing the broadcasting of football matches by satellite, to require its licensees not to supply decoder cards so as to enable access to the broadcasts in EU Member States outside their exclusive territories.Details of JIPLP's own case note on the same topic, authored by a five-person team from Herbert Smith, can be found here, and Enrico Bonadio's analysis of the Advocate General's Opinion in the same reference can be read in full here.
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While JIPLP focuses primarily on intellectual property and practice, that discipline shades into other areas of law and practice -- and the broad interests and versatility of JIPLP's editorial board members reflect this. A first-rate example can be found in Christopher Stothers (Arnold & Porter), a founder-member of the JIPLP editorial board and also a contributor to a sister publication, the Journal of European Competition Law & Practice (JECLAP), which reflects his deep and continuing interest in competition issues. Issue 3 for 2012 contains his freshly-published note, "Copyright Owners Cannot Require Satellite Broadcasters to Impose Territorial Restrictions on the Use of Decoder Cards", this being a note on Football Association Premier League v QC Leisure/Karen Murphy v Media Protection Services, ECJ Joined Cases C-403/08 and C-429/08, 4 October 2011. The abstract reads as follows:
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