Racing Post, Published: 27/03/2008 By Turia Tellwright

Bid to speed up TurfTV case rejected

A MOVE by independent bookmakers to speed up a legal case against TurfTV was rejected in the High Court yesterday.
The request to push through an injunction against TurfTV before April 9 - the expected start date of a bigger case over rights to live pictures of British racing shown in betting shops - was thrown out by Mr Justice Norris.
The injunction was brought by a group of independents known as the Bookmakers Technology Consortium (BTC).
Along with other small firms, the consortium is seeking "unbridled" content in a bespoke betting-shop service from TurfTV similar to that used by the big three firms of William Hill, Ladbrokes and Coral.
In an effort for the case to be held no later than April 9, the BTC sought an injunction to mandate TurfTV, but their application was yesterday rejected and costs were awarded against the consortium, in favour of TurfTV.
Alan Morcombe, executive chairman of TurfTV, said: "Most of the BTC members are not even customers of TurfTV and are looking to the courts to find a way around their commercial decision not to take our service.
"They are still hankering after the old monopoly system, which limits competition.
"I am pleased that the judge has dismissed the claim for an expedited hearing, especially given the overlap with the Bags case."
Mediation between TurfTV and leading bookmakers, Bags and SIS will continue at a later date.
"The application by BTC was launched while mediation was still ongoing," said TurfTV spokesman Charlie Methven yesterday.
"The claim will still be brought to court but heard at the later date."
Howard Chisholm, managing director of 50-shop Chisholm Bookmakers in Northumberland and who is leading the BTC, said "We are very disappointed that it went the way it did.
"We're taking legal advice as to what action to take, but our agenda hasn't changed and we're looking to see what the next step is," added Chisholm, who is also a director of the Association of British Bookmakers.

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Racing Post, Published: 26/03/2008 Turia Tellwright

Independents' fight for tailored TurfTV service reaches court

LEGAL action against TurfTV by a syndicate of independent bookmakers hoping for a tailored 'co-operative' broadcasting service for smaller firms begins today at the high court, writes Turia Tellwright.
Lawyers representing the Bookmakers Technology Consortium (BTC) and a number of independent bookmakers are seeking an injunction to mandate TurfTV to provide an "unbridled content and third-party distribution package", similar to the service supplied to the 'Big Three' bookmakers.
Howard Chisholm, the north-east independent who is leading the BTC and is also a director of the Association of British Bookmakers, judged the present product as "second-rate".
Lawyers will also be making an application to expedite the injunction hearing to ensure it is held no later than April 9.
"It's very important to independent bookmakers that the injunction hearing is held as soon as possible," Chisholm said.
"There are still many hundreds of betting shops without a TurfTV service and they are suffering.
"We believe the merits of our case are undeniable and significant damage is being caused to our businesses generally and to turnover on British horseracing in particular."
Expanding on the reasons for the legal action, he added: "Independent bookmakers need a top-quality service that provides viable competition to the national chains. The product TurfTV is offering is second-rate and taking it will harm our businesses.
"If we take the TurfTV service there are two competing commentaries, two sets of pre-race shows and two picture channels to manage, together with the unnecessary extra cost of two separate satellite dishes.
"All we're seeking is the ability to do what the national chains can do, which is mix the SIS and TurfTV pictures into a seamless service. Surely that's not too much to ask?"
No spokesperson for TurfTV was available for comment yesterday.

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25th March 2008, Press Release by Bookmakers Technology Consortium

The independent bookmakers who are trying to set up an integrated service mixing SIS and Turf TV content take their campaign to the High Court tomorrow.  Lawyers representing Bookmakers Technology Consortium and a number of independent bookmakers are seeking an injunction which will mandate Turf TV to provide an “unbundled content and third party distribution package“ to independents in the same way that such a service has been provided to the large chains.  Lawyers will be making an application to expedite the injunction hearing to ensure that it is held no later than 9th April.
 
Howard Chisholm stated “It is very important to independent bookmakers that the injunction hearing is held as soon as possible.  There are still many hundreds of betting shops without a Turf TV service and they are suffering.  We believe that the merits of our case are undeniable and significant damage is being caused to our businesses generally and to turnover on British horseracing in particular.”
 
Expanding on the reasons for the legal action he said, “Independent bookmakers need a top quality service which provides viable competition to the national chains, the product which Turf TV is offering is second rate and taking it will harm our businesses.  If we take the Turf TV service there are two competing commentaries, two sets of pre-race shows and two picture channels to manage together with the unnecessary extra cost of using two separate satellite dishes.  All we are seeking is the ability to do what the national chains can do which is mix the SIS and Turf TV pictures into a seamless service.  Surely that’s not too much to ask?”

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Racing Post, Published: 17/02/2008 By Jim Cremin

Independents to press on with legal action

TURFTV has been sent a formal "letter before action" from the independent consortium demanding an integrated service similar to that being supplied to the 'Big Three' bookmakers, giving seven days' notice that they will otherwise go to the high court seeking a court order requiring TurfTV to comply.
Howard Chisholm, the north-east independent who is leading the Bookmakers Technology Consortium (BTC) - said to have expressions of interest from 1,250 shops - and is also a director of the Association of British Bookmakers, said yesterday: "It is the view of the vast majority of independent bookmakers that they require a fully integrated pictures and audio service to enable them to create an in-shop betting experience which is competitive to that of Ladbrokes, Coral and Hills.
"BTC have an agreement in place whereby SIS could provide an integrated service to all independent bookmakers within a few days of agreement withTurfTV being reached.
"Betting shops need access to pictures and audio commentary from the 31 TurfTV racecourses in order to provide a viable betting service to customers and there is no supplier other than Amrac for these broadcasts.
"TurfTV has refused to provide the independent bookmakers with the Content and Third Party Distribution Package that they want and will only provide them with the Channel and TurfTV Distribution Package which they do not want. This is despite the fact that TurfTV has provided the Big Three Bookmakers with a Content and Third Party Distribution Package.
"In these circumstances such conduct breaches UK and EC competition law."
Chisholm added: "Such conduct also amounts to a breach of TurfTV 's Television Licensable Content Service Licence agreed with Ofcom.
"Condition 14 obliges TurfTV not to prejudice fair and effective competition in the provision of licensed and connected services. If TurfTV does not accede to our request then we will also be making a complaint to Ofcom."
Mark Kingston, chief operating officer of SIS, confirmed they are in a position to react to any deal between the parties.
He said yesterday: "Subject to commercial agreement between the consortium of independent bookmakers and TurfTV, SIS is in a position to supply a channel to consortium members within days.
"As we have demonstrated twice already this year, SIS has the capability to deliver a dedicated channel to a new group of betting shops in a very short timescale.
Not only would this deliver a solution to those who wanted it without the delays associated with installing new equipment, it would also provide an integrated service for betting shop customers."
 
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15th February 2008, A circular to all Independent Bookmakers

Dear Independent Bookmaker
 
The Bookmakers Technology Consortium Limited ("BTC"),  consisting of Chisholm Bookmakers, Better, Backhouse Bet and Corbetts,  has formally threatened legal action against AMRAC as a result of AMRAC's refusal to provide separable content to independent bookmakers and its refusal to allow them to use a distribution channel of their choice.  Such a package would enable independent bookmakers to broadcast Turf TV races using existing transmission infrastructure.  AMRAC's refusal to supply is in contrast to the position it has adopted towards William Hill, Ladbrokes and Corals (the "Big Three Bookmakers").
 
The BTC seeks the opportunity for all independent bookmakers to be able to create a betting experience which is competitive with that of the Big Three Bookmakers.
 
AMRAC has been given 7 days to respond positively, failing which litigation will be commenced.  Such litigation will seek to ensure that an integrated service using the existing transmission infrastructure and showing all UK horseracing from Turf TV tracks will be available to independent bookmakers prior to the Cheltenham Festival.  Should AMRAC respond positively to our request then content from the Turf TV UK tracks could be available to independent bookmakers betting shops within 3 days of reaching an agreement.

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18th January 2008, A circular to all Independent Bookmakers

Dear Independent Bookmaker
 
We continue to work towards our goal of an integrated service for independent bookmakers and continue to receive e-mails from bookmakers who are interested in this project.  For those who are not yet signed up to Turf TV we assure you that we are working hard on your behalf to achieve a positive outcome.  To those independent bookmakers who are currently subscribed to Turf TV on a short term contract we would ask that you carefully consider your position before signing any extension.  There are no guarantees that Turf TV will allow a bookmaker contracted to receive their service via a separate channel to change to an integrated service.
 
An article appeared in today’s Racing Post which suggests that bookmakers without Turf TV will not receive betting shows from Turf TV tracks after 1st February 2008.  Whilst it is true that SIS may not be able to include betting shows from the on-course market in its service this does not mean that they will not provide betting shows.
 
SIS will continue to provide a full information service including data for screen and EPoS systems.  Included in this service will be shows during the period leading up to the off, which will be based on the betting market at that time.  It is our understanding that the service which SIS will be providing to all independents (including Turf TV subscribers) will not contain on-course information but it will include the official racecourse SP.  You may not be aware but this has been the situation with shows from Ascot, Newbury and Bangor since last October and, as far as we are aware, there has been little or no adverse comment by customers.
 
It is likely that the major companies have the necessary IT systems in place to customize their service with on-course data supplied by Turf TV.  Only the Big 3 will know what they intend doing after 1st February.  If they do use on-course data it is very debatable how much of an advantage this will give them.
 
Once again thank you for your patience.

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