Genius Sports Group sues Sportradar in high court over data-collection dispute
Exclusive rights holder serves fresh legal action against Sportradar as rivals gear up to contest separate claims in high court and Competition Appeal Tribunal
Genius Sports Group has served a new high court case against Sportradar as a fierce data rights dispute rumbles on between the two rivals.
Genius Sports Group is the exclusive rights holder to data collected and distributed across the Premier League, English Football League and Scottish Professional Football League and has been since 2019 following an agreement with the league’s intellectual data licensing arm Football Data Co (FDC).
During this time, Sportradar has continued to collect data for its official partners by sending data scouts into stadiums for the price of a ticket to collect live data for bookmaking purposes.
In a new claim filed over the weekend, Genius Sports Group has argued this activity is in breach of confidence because the information is confidential as it was collected in a private arena.
Additionally, Genius Sports Group argues that Sportradar is conspiring with its data scouts to injure Genius Sports Group and Football DataCo by unlawful means.
The unlawful means relates to data scouts entering stadia to disseminate data in an alleged breach of ticketing conditions, which Genius Sports Group alleges counts as trespass, while the conspiracy element relates to Sportradar conspiring with data scouts for its own commercial gain.
Sportradar said the high court case was a matter between both businesses.
It added: “Sportradar notes that claims have also been commenced against data journalists who have provided services to Sportradar.
“The targeting of these individuals, many of whom are fans and of limited means, by the heavily-resourced leagues and their licensee, is cynical, wholly unnecessary, and has no place in litigation of this nature.”
Genius Sports Group general counsel Tom Russell said: “We are disappointed but not surprised that we have to take this legal action.
“Given Sportradar’s cynical promotion of itself as a partner to the global sports community, we are continuously astounded at its willingness to exploit sporting events while undermining the vital funding of sport,” he added.
Sportradar filed a separate case against Genius Sports Group in 2020 which is still to be heard in London’s Competition Appeal Tribunal (CAT).
Sportradar served legal proceedings after it alleged Genius Sports Group’s exclusive data agreement and subsequent enforcement strategy of removing data scouts from stadia was anti-competitive.
That case will be key in determining the new claim brought about by Genius Sports Group, which is based on private law, as outlined below.
Responding to developments over the weekend, Sportradar said: “The claims by FDC and BetGenius are both predicated on the enforceability of private law rights.
“Sportradar’s position has always been that private law rights cannot be relied upon to give effect to an anti-competitive arrangement.
“These claims will not, therefore, delay the competition law claim, which must proceed and be determined first and the Judge who dismissed FDC’s [initial high court] application to transfer set out a clear roadmap to achieve that outcome.”